In sum, as a licensor
, a company should be able to obtain ongoing performance from a debtor-licensee under its license, or recover its intellectual property assets, possibly sustaining a write-off for unpaid royalties or invoices, but not losing the underlying intellectual property assets.
And in a major move that fortified the agency's role as regulator, Lambino said he has rationalized the grant of the master licensor
agreements with the First Cagayan Leisure and Resort Corp.
Conversely, the share of licensors
and agents represented in the Licensing Source Book Online are relatively closer to actual figures, with most major brand owners and representatives listed.
If a potential licensor
kept its patents hidden, we had the resources to insist on seeing specific patents and/or ferret them out on our own.
In many cases, licensees hold pre-existing patent licenses with various patent pool licensors
. Pre-netting takes these pre-existing licenses into account and subtracts what would be due licensors
that have the granted pre-existing licenses when calculating royalty payments.
Other courts, relying on the language of comment (d), concluded that trademark licensors
could be held liable as ostensible manufacturers, even in the absence of evidence of participation in the chain of distribution, where the licensor
's name appeared on the product and there was no prominent disclosure of the actual manufacturer.
However, by understanding the effect of the Bankruptcy Code, including the rights and obligations under section 365(n), as well as taking into account the foregoing drafting techniques, licensors
and licensees can better prepare themselves for the unexpected notice of their counterparty's bankruptcy filing.
Conecture Technologies' Mediabox-PA system enables Licensees to submit all their product design artwork files to the Licensor
or Agent through a centralized online system.
To control the quality of a licensee's goods or services, licensors
At a certain level of tacitness, face-to-face communication is needed to correct any errors of interpretation through direct feedback (Teece 1998), and licensors
must possess the capability to identify licensees' confusion and spend time and effort on necessary knowledge rather than unnecessary information (Martin/ Salomon 2003).
* Advising licensors
on the freedom to practice the licensed technology without infringing on any valid patents;
Before this ruling, licensees were not permitted to sue licensors
while an agreement between the two parties was in effect.