By Alexander I. Poltorak
Jam-packed with helpful tips, innovations, illustrative real-world examples, indicates, and top practices, this convenient and concise paperback can assist you stay awake so far at the latest pondering, innovations, advancements, and applied sciences in licensing highbrow estate.
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Additional info for Essentials of Licensing Intellectual Property
Not surprisingly, the solution to this problem—design registration—is quite similar to the solution to the comparable problem posed by mask works. 37 ESSENTIALS of Licensing Intellectual Proper ty Original designs for useful articles may be registered through a process akin to the registration of a copyright or mask work. The registration must be filed within one year of the first public disclosure of the design, or protection is barred. Protection of the design commences on the earlier of the date of registration or the date the design was first made public and extends for a term of 10 years.
Substantive unconscionability results when contract provisions are truly unfair and one-sided. Generally, substantive unconscionability is found where prices are excessive or the remedies of one of the parties have been modified in an unfair manner. Most often such unfair modifications involve unreasonably large, liquidated damages (“liquidated damages” are a predetermined penalty for a breach of contract) or, in the case of a contract involving consumer goods, a limitation of consequential damages for any personal injury that may occur.
As a practical matter, any period beyond three years is likely to be considered highly suspect. Geographic limitations refer to the geographic area in which the departing employee may not accept employment with a competitor during the agreed-on time period. Such limitations are based on the premise that the employer’s business is limited to a specific geographic market and that the departing employee’s activities outside this market area cannot harm the former employer. Geographical limitations work well for purely local businesses, such as beauticians and barbers, dry cleaners, carpenters, and the like; however, given the national, if not global, nature of most business today, there is a serious question as to the continued validity or relevance of this premise.