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 could:
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.
