By Neil J. Wilkof ; Tax Section Contributed By Nigel Eastaway. Includes Bibliographical References And Index.

Wilkof, Neil J; Eastaway, Nigel A

London: Sweet & Maxwell

United Kingdom and Ireland, United Kingdom

March 30, 1995

xxx, 333 pages ; 25 cm
Trade mark licensing, and related uses of trade marks by third parties, such as in distribution and consent agreements, is a wide-spread feature of modern commercial practice. "Trade Mark Licenses" integrates the intellectual property and commercial law aspects of trade mark licensing. It sets out in a clear and comprehensive fashion the legal foundations of trade mark licensing under UK law (including the Trade Marks Act 1994), US law and European Community law. It provides practical advice on numerous legal aspects of trade mark licensing and includes a detailed sample license agreement, together with explanatory comments and cross-references to the main text
Includes bibliographical references and index
1. Trade mark licensing: a subject worthy of separate treatment -- 2. Trade mark licensing and the functions of a trade mark -- 3. The registered user system in transition: the historical and conceptual background -- 4. The registration of licensees in transition -- 5. Licensing in the United States: the concept of a related company -- 6. Quality control -- 7. Trade mark rights and distribution -- 8. Other authorised third party uses of a trade mark -- 9. Consent and delimitation agreements, no challenge clauses and licensee estoppel -- 10. Trade mark licence agreement: the interrelationship between the proprietary and the contractual -- 11. Oral, implied and constructive trade mark licences -- 12. Termination and best endeavours -- 13. Trade mark licensing: the European Community dimension -- 14. Collateral aspects of trade mark licensing -- 15. Annotated sample trade mark licence agreement -- Appendix: sample consent agreement

This work covers the legal issues and practical concerns of trade mark licensing in the international context, particularly with regard to the UK and US. It focuses on types of license agreement, contractual aspects and problems connected with termination. It also addresses EC competition law.

2023-06-28