This chapter examines the ways in which copyright can be exploited or transferred, with emphasis on the two most important forms of exploitation: assignment and licensing. It also discusses the transfer of copyright in the case of mortgages, bankruptcy, or death, as well as situations in which compulsory licences and voluntary licences are used to exploit copyright. In addition, the chapter considers testamentary dispositions, techniques for exploiting works that rely on the use of technological protection measures, and the role of collecting societies in copyright exploitation.
Chapter
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter looks at the many different ways in which patents may be exploited and some limits to exploitation. It first explains how patentees themselves can exploit the patent and considers two of the more common forms of voluntary uses: assignment and licence. It then describes situations in which compulsory licences are available and the compensation payable where the patent is used via a compulsory licence or by an employer or the Crown. Mortgages, testamentary dispositions, and registration of interests and transactions are also discussed, along with patent law in the UK and British and European competition law. The chapter concludes by assessing compulsory licences under section 48 of the Patents Act 1977, the licensing and cross-licensing of biotechnological inventions, and compulsory licences for public health.
Chapter
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter looks at the many different ways in which patents may be exploited and some limits to exploitation. It first explains how patentees themselves can exploit the patent and considers two of the more common forms of voluntary uses: assignment and licence. It then describes situations in which compulsory licences are available and the compensation payable where the patent is used via a compulsory licence or by an employer or the Crown. Mortgages, testamentary dispositions, and registration of interests and transactions are also discussed, along with the effects of competition law on patent law. It also looks at employee compensation for their inventions. The chapter concludes by assessing compulsory licences under section 48 of the Patents Act 1977, the licensing and cross-licensing of biotechnological inventions, and compulsory licences for public health.
Chapter
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter examines the ways in which copyright can be exploited or transferred, with emphasis on the two most important forms of exploitation: assignment and licensing. It also discusses the transfer of copyright in the case of mortgages, bankruptcy, or death, as well as situations in which compulsory licences and voluntary licences are used to exploit copyright. In addition, the chapter considers testamentary dispositions, techniques for exploiting works that rely on the use of technological protection measures, and the role of collecting societies in copyright exploitation. Finally, it looks at the hub platform for copyright licensing transactions which will eventually be integrated with the digital copyright exchanges.
Chapter
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter is concerned with two areas of law that are related to, but not traditionally part of, patent law: the system of plant variety that gives protection to the breeders of new plant varieties, and supplementary protection certificates that extend the length of patent protection in the UK and are meant to compensate owners for time lost while awaiting regulatory approval to market their patented products. The procedure to be followed when applying for plant variety rights is also discussed, along with issues of ownership, duration, and patent infringement. The chapter concludes by considering exceptions and compulsory licences relating to the plant variety system.
Chapter
L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter is concerned with two areas of law that are related to, but not traditionally part of, patent law: the system of plant variety that gives protection to the breeders of new plant varieties, and supplementary protection certificates that extend the length of patent protection in the UK and are meant to compensate owners for time lost while awaiting regulatory approval to market their patented products. The procedure to be followed when applying for plant variety rights is also discussed, along with issues of ownership, duration, and patent infringement. The chapter concludes by considering exceptions and compulsory licences relating to the plant variety system.
Chapter
This chapter considers the relationship between intellectual property rights and competition law. After a brief introduction, it deals in general terms with the application of Article 101 to licences of intellectual property rights. The chapter proceeds to discuss the provisions of Regulation 316/2014, the block exemption for technology transfer agreements. It also considers the application of Article 101 to various other agreements concerning intellectual property rights such as technology pools and settlements of litigation. This is followed by a section on the application of Article 102 to the way in which dominant undertakings exercise their intellectual property rights, including an examination of the controversial subject of refusals to license intellectual property rights which are sometimes found to be abusive. The chapter concludes with a look at the position in UK competition law.
