Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter considers the nature of a licence of land. It discusses how to distinguish a lease from a licence, and how to distinguish an easement or profit from a licence. It then discusses enforcement against the licensor; enforcement against successors of the licensor; and whether licences are becoming interests in land. The issues covered are also applied to two licensees in Trant Way: Henry Mumps and Bob Bell are each living in property owned by another member of their family.
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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.
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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.
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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.
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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.
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In recent times, there has been considerable development with respect to determining how rights in land can be created and the implications of such rights for purchasers of land. Licences are not considered full proprietary rights but provide an interesting area where the law seeks to protect licensees from both the licensor and, in some cases, the purchaser. It is an area of law where the courts have had to deal with informal relationships and try to balance the conflicting pressures of the satisfaction of legitimate expectations with the desire for security of transactions. This chapter focuses on licences: it first considers the nature of licences before turning to contractual licences and the licensee’s rights, and contractual licences and third parties.
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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.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter presents a discussion of licences. Licences can be grouped into a number of categories, including bare licences, contractual licences, estoppel licences, statutory licences, and licences coupled with an interest. The key feature of a bare licence is that A is under no duty to B not to revoke the licence. The distinction between a bare licence and a contractual licence turns on the question of whether A is under a contractual duty to B. An estoppel licence, as well as a statutory licence, is similar to a contractual licence: the key difference is the source of A’s duty to B. A ‘licence coupled with an interest’ is a permission to make a particular use of A’s land, which arises as part of a distinct property right held by B in A’s land. The chapter considers the impact of all these forms of licences, looking at the positions of A, of X (a stranger who interferes with the land), and of C (a party who acquires a right in the land from A). It considers whether particular forms of licence ought to count as equitable interests in land. It also examines when a licensee may be protected by a new, direct right against a third party, even though the licence itself is only a personal right.
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This chapter discusses the nature, status, and characteristics of licences; the different types of licences that exist; what makes them distinct from other interests in land law and how they can be brought to an end. Licences in land arise when the owner of land grants to another person permission to use that land for a given purpose. A licence is therefore a permission to enter or do something on another’s land. The person granting the licence is the ‘licensor’ while the party to whom the licence is granted the ‘licensee’.
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This chapter discusses the nature, status, and characteristics of licences; the different types of licences that exist; what makes them distinct from other interests in land law; and how they can be brought to an end.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ashburn Anstalt v WJ Arnold & Co. Ltd [1989] Ch 1, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ashburn Anstalt v WJ Arnold & Co. Ltd [1989] Ch 1, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the various types of licences and proprietary estoppel. It covers bare licences; licences coupled with an interest; contractual licences; revocation of a licence by the licensor; the effect of licences between the licensee and a third party; estoppel licences; proprietary estoppel; the requirements for an estoppel: assurance, detriment, and reliance; satisfying the equity and proportionality in the assessment of an award for estoppel; and status of ‘an equity’ before it has been satisfied.
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Licences have long occupied something of an amorphous position; they are not admitted to the category of full proprietary rights, but provide an interesting area where the law seeks to afford protection to licensees against both the licensor and, in certain circumstances, a purchaser of land. It is an area of law where the courts have had to come to terms with informal relationships and seek to accommodate the conflicting pressures of the satisfaction of legitimate expectations, on the one hand, and the desire for security of transactions on the other. This chapter covers the different types of licences, and particularly the contractual licence, as well as the question of revocability. The chapter also analyses judicial attempts to make contractual licences binding upon transferees in equity, and the subsequent retreat from those attempts.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses licences. A licence is permission given by the licensor to the licensee to allow the latter to enter the land of the former, which, without such permission would otherwise amount to a trespass. Different types of licences have different rules in relation to the original parties and successors in title. A bare licence is revocable by the licensor and does not bind a third party. A licence coupled with an interest, ie a profit à prendre, may be irrevocable and may bind a third party whilst the interest remains. Contractual licences arise under the terms of a contract. An estoppel licence arises as a result of a representation by the licensor and a detrimental reliance by the licensee. It is binding between these two parties but is also capable of binding a third party.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the various types of licences and proprietary estoppel. It covers bare licences; licences coupled with an interest; contractual licences; revocation of a licence by the licensor; the effect of licences between the licensee and a third party; estoppel licences; proprietary estoppel; the requirements for an estoppel: assurance, detriment and reliance; satisfying the equity and proportionality in the assessment of an award for estoppel; and status of ‘an equity’ before it has been satisfied.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses licences. A licence is permission given by the licensor to the licensee to allow the latter to enter the land of the former, which, without such permission, would otherwise amount to a trespass. Different types of licences have different rules in relation to the original parties and successors in title. A bare licence is revocable by the licensor and does not bind a third party. A licence coupled with an interest, i.e. a profit à prendre, may be irrevocable and may bind a third party whilst the interest remains. Contractual licences arise under the terms of a contract. An estoppel licence arises as a result of a representation by the licensor and a detrimental reliance by the licensee. It is binding between these two parties but is also capable of binding a third party.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate; providing students with a stand-alone resource. This chapter examines the regulation of medicines. It first explains what a medicine is and the need for it to have a marketing authorization before it can be put into circulation. It covers the importance not only of establishing safety and efficacy before licensing, but afterwards as well, through pharmacovigilance mechanisms. The chapter covers the increasing European harmonization of the rules covering the licensing and marketing of medicines, and briefly discusses the implications of Brexit. Finally, it looks at liability for defective medicines, and the strict liability regime under the Consumer Protection Act.
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This chapter examines the regulation of medicines. It covers the importance of establishing safety and efficacy before licensing, and afterwards as well, through pharmacovigilance mechanisms. European harmonization of medicines regulation means that Brexit has had a significant impact on how medicines are licensed for use in the UK. It also looks at liability for defective medicines, and the strict liability regime under the Consumer Protection Act.
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L. Bently, B. Sherman, D. Gangjee, and P. Johnson
This chapter focuses on who is entitled to apply for a design registration as well as the rules relating to ownership and exploitation with respect to registered designs in the UK and unregistered Community designs. It also discusses infringement and exceptions in the three harmonized systems. It begins by considering the question of who is initially entitled to a design, citing entitlement under the UK Registered Designs Act 1949. It then turns to assignment and licensing, the optimal period of protection for a design, and the British approach to infringement. Finally, the chapter examines exceptions and defences that are available when dealing with design protection.
