International Trademark Licensing

International Trademark Licensing, authored by a team of eminent and experienced attorneys, each representing a particular country, is a chapter-by-chapter comparative overview on the law and application of trademark licensing worldwide – including chapters on such key commercial jurisdictions as the EU Member States, the United Kingdom, the United States, Brazil, and Japan. Firms using licensing to exploit and commercialize trademarks internationally are growing manifold. The free flow of goods and services in a globalized market through licensing requires in-depth knowledge of national legal provisions and principles applying to agreements of this type.

What’s in this book:

The contributors analyse legal challenges in detail and furnish pragmatic guidance on licensing issues in their national jurisdiction. Within this framework, each chapter illustrates the following issues and topics:

• country-specific regulations on trademark licensing;
• particular legal requirements to be complied with prior to entering into a license agreement;
• antitrust legislation affecting the scope of a license agreement;
• breach of a trademark licensing agreement;
• circumstances under which a breach of contract also constitutes a trademark infringement;
• permitted extent of non-compete or non-challenge clauses;
• licensee’s standing to sue third parties for trademark infringement;
• effect of invalidation or expiry of the licensed trademark on the agreement; and
• licensee’s right to claim entitlement to goodwill in the trademark, or a right to compensation, for investments made in the trademark.

How this will help you:

Considering the wide-ranging countries covered in this remarkable book, it will be highly appreciated by legal practitioners handling trademark licensing practically in any jurisdiction. The chapters en masse will provide invaluable insights into the similarities and dissimilarities among the covered jurisdictions, assisting trademark holders and their counsel to understand the particulars of a specific market and deciding whether to enter it or not. It will also prove to be a comprehensive resource for academic researchers or policymakers interested in the international harmonization of intellectual property licensing law.