Licensing Law & Regulations Flashcards
7 cards from real CLP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Licensing Law & Regulations flashcards as text
What is the 'work made for hire' doctrine's significance in licensing negotiations?
Answer: When a work qualifies as work made for hire, the employer (not the creator) is the statutory author and initial copyright owner, controlling licensing rights from the outset
Under 17 U.S.C. § 101, a work made for hire vests copyright ownership in the employer or commissioning party, who holds all licensing rights without any assignment needed.
A patent license agreement is silent on the right to sublicense. Under U.S. law, what is the default rule?
Answer: The licensee has no right to sublicense; sublicensing rights must be expressly granted
Under the general rule in U.S. patent law, a patent licensee has no implied right to sublicense; that right must be explicitly granted in the license agreement.
What is the 'reverse doctrine of equivalents' and how does it affect patent licensing scope?
Answer: It allows a licensee to avoid infringement even if a product literally meets the patent claims, if the product performs the same function in a substantially different way
The reverse doctrine of equivalents may excuse a product that literally infringes patent claims if it operates on fundamentally different principles, affecting what falls within a license's scope.
Under U.S. copyright law, what is the 'termination right' under 17 U.S.C. § 203, and why is it relevant to licensors?
Answer: It grants authors or their heirs the right to recapture licensed or assigned rights after 35 years, regardless of contractual provisions to the contrary
Section 203 grants authors (or their heirs) a statutory right to terminate copyright grants 35 years after execution, which cannot be waived by contract.
In a patent license, what is the 'reach-through royalty' arrangement and what is its primary legal concern?
Answer: A royalty calculated on downstream products made using a licensed research tool, raising patent misuse and scope concerns
Reach-through royalties tie compensation to downstream commercialization products rather than the tool itself, raising patent misuse concerns by extending the patent's scope beyond its claims.
What is the significance of the International Licensing Industry Merchandisers' Association (LIMA, now Licensing International) standards in the context of licensing law compliance?
Answer: LIMA/Licensing International provides voluntary industry best practices, standard agreement templates, and professional certification (CLP) that inform market norms but are not legally binding
Licensing International (formerly LIMA) offers voluntary best practices, model agreements, and the CLP certification; its standards reflect industry norms but carry no binding legal force.
When a patent license agreement lacks a specified duration, what does U.S. law generally provide regarding its term?
Answer: The license is terminable at will by either party upon reasonable notice
A license with no specified term is generally treated as terminable at will by either party upon reasonable notice under general contract law principles.