A licensee's rights in an original work that secures a loan will hinge on whether and when the security interest was properly perfected

Article Abstract:

Licensees of intellectual property rights that have been used by the licensor to secure a loan should be aware of how the properly perfected-status of the security interest could affect the licensing agreement. In most cases, licenses granted before the security interest is properly perfected will be valid should the lender foreclose on the intellectual property rights that were used as collateral. The laws and jurisdictions vary depending on the type of intellectual property involved, and these variations are discussed.

United States, Analysis, Interpretation and construction, Laws, regulations and rules, Intellectual property, Licensing agreements, Interest (Law), states

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Misuse defense gains in federal courts

Article Abstract:

The 'misuse of copyright' defense is gaining greater acceptance in the federal courts. This defense to copyright infringement started with US Supreme Court cases on tying arrangements, and these arrangements and covenants not to compete are the main areas where the defense is used. The Fourth Circuit and the Southern District of New York have been the federal courts most likely to accept this defense.

Cases, Copyright, Copyrights, Defense (Civil procedure)

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