Below about the IP licensing law is for informational purposes only. Please contact us by email or phone for appointment to discuss any issues regarding drafting or any IP licensing law related topics.
Contract law is the basic building block of licensing. Intellectual property and case law influences how any term is perceived in the licensing agreement. It is crucial to understand the various intellectual property law matters including copyright law, trademark law, patent law, trade secret law, right of publicity etc before starting the draft of any agreement. “Boiler-plate” agreements out there in the market may help only to a certain extent, because “all-in-one,” copying approach to intellectual property terms never works especially in drafting of licenses. Intellectual property law related case law is constantly changing along with state contract law. For example, a term meaning in a contract and intellectual property context may be different. Sometimes, Uniform Commercial Code (UCC) article-2 plays a role when the sale of goods involve products containing intellectual property such as Apple i-phone or any other electronic device.
Few times, Uniform Computer Information Transaction Act (UCITA) (which was created by an organization called Uniform Law Commission (ULC) which created UCC) play a role in IP licensing context where it was adopted by states such as Maryland and Virginia. Many states did not adopt it. However, it is possible that a court may look to UCITA for guidance where there is no clarity from state contract law.