Questions Bank 4 B.Sc.IT: IPR (Unit

Showing posts with label IPR (Unit - IV). Show all posts

Tuesday, 19 March 2019

Questions Bank 05:17

Explain how Licensing for Technology is considered.

Explain how Licensing for Technology is considered.

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Explain how Licensing for Technology is considered.

SOLUTION:

Licensing For Technology:

By a technology licensing agreement, the licensor authorizes the licensee to use the technology under certain agreed terms and conditions.
It is therefore, a contract freely entered into between two parties and contains terms & conditions so agreed upon.
Through a technology licensing agreement, it is possible to improve the quality of existing product or develop and manufacture a new product by using the patents or trade secrets owned by others.
This may also include entering into a new market or extending in the existing market for a product by acquiring the patent rights.

Example:

Tata Steel has obtained a process technology patent for making hybrid rollers used in sinter plants. This patent is now licensed to Jyoti Cero Rubber to get potential revenue over next three years. Looking at the wider market Tata Steel is licensing this technology to other competent parties.

Kamal Thakur 0

Questions Bank 04:17

Classify and explain the Licensing Agreement.

Classify and explain the Licensing Agreement.

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Classify and explain the Licensing Agreement.

SOLUTION:

Licensing Agreement:

A Licensing Agreement is a partnership between an IP owner (licensor) & someone who is authorized to use such rights (licensee), in exchange for an agreed payment (fee or royalty).

Types Of Licensing Agreement:

A variety of such Licensing Agreements are available, which may be broadly categorized as follows:

Technology License
Joint Venture License
Franchising OR
Trade-Mark License
Copyright License

In practice, sometimes all IP rights form the part of one Agreement.
These types of agreements are often observed in mergers & acquisitions, Joint ventures or take overs.
In the international context, a formal licensing agreement is possible only if the IPR licensor, who wishes to license, is also protected in the other country or countries of interest.
If IP is not protected in other country or countries then licensing in that country is not possible as licensor would have no legal right to put any restrictions on its use by any other party.

Kamal Thakur 0

Questions Bank 04:16

Explain practical aspects of Licensing.

Explain practical aspects of Licensing.

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Explain practical aspects of Licensing.

SOLUTION:

About Practical Aspects Of Licensing:

Practical aspects of licensing permission from one person to another to undertake some activity a license agreement is formal and is in a written format which legally abides all the rules and regulations of the national law in this country.
A license agreement includes two parties the licensor and the licensee.
The licensor is the one who owns the intellectual property and agrees this property and agrees this property to be use by another person.
The licensee is the one who receives the right to use the intellectual property for exchange of payment.
Hence, a license in as an agreement which is in partnership between IP owner (licensor) and the authorized user (licensee) under certain conditions for which monetary compensations paid.
Thus, a license grants the licensee the rights to use property but without transferring the ownership of the property.

Intellectual Property Effective Conditions (Determination Factor):

Intellectual Property License can be effective if 3 conditions are met as follows listed:
The licenser or must be the owner of the property.
The IP must be protected by the law or at least by eligible protection.
The license must specify the rights of the licensee and the payment required that need to be paid for the IP assets which are given in exchange as per the license agreement which is clearly stated.

Kamal Thakur 0

Questions Bank 04:16

Explain in brief the Civil Remedies in enforcing Intellectual Property Rights. About Enforcing IPR.

Explain in brief the Civil Remedies in enforcing Intellectual Property Rights. About Enforcing IPR.

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Explain in brief the Civil Remedies in enforcing Intellectual Property Rights. About Enforcing IPR.

SOLUTION:

About Enforcing IPR:

Every right holder under the IPR is subject to the right to seek review by a judicial authority.
These rights of the defendant should be an action without prejudice.
In case of infringing cases the authority can dispose these infringing goods as per their rights.
Hence only in exceptional circumstances related to infringing goods these need not be disposed.

Civil Remedies:

The right holders concerning to the enforcement of IPR has to provide a written notice within a stipulated timeframe to the defending party.
Parties shall be allowed to have representatives to fight their cases individually.
All parties during proceedings are entitled to their claims and need to present relevant evidence.
These procedures provide identification and protection of confidential information.
The opposing party in appropriate cases needs to produce evidence which specifies the situation related to the case.
In cases where the parties are not allowed to access their goods in such cases the judicial authorities make the final decisions based on the evidences presented by the parties who are adversely affected by the denial of access to information.

Kamal Thakur 0

Questions Bank 04:15

What are disadvantages of IP Licensing?

What are disadvantages of IP Licensing?

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What are disadvantages of IP Licensing?

SOLUTION:

IP Licensing:

An IP licensing agreement occurs between an IP rights owner (“licensor”) and someone who is authorized to use the rights (“licensee”) in exchange for monetary value in the form of a fee or a royalty.
The two parties agree on the terms and conditions via negotiation, with the outcome dependent upon the bargaining power of each side.

Disadvantages:

Though IP licensing is beneficial to both licensor & licensee, sometimes through licensing, the owner may lose his control on the technology & there may be great risk of piracy & exploitation by unauthorized parties.
It may so happen that the licensee develops technology around the product, he has the license for & make the original licensor to lose his superiority.
The revenue from the licensee depends on his performance. Hence the licensor loses the revenue to that extent. For the licensee, the technology may become redundant in short span of time & he may have to go in for a new one at a higher price.
In case the technology is not tested, the licensee will be at great risk of losing the money if relevant risk aversion clauses are not stipulated in the agreement. Hence, in IPR licenses agreement, the terms & conditions need careful drafting.