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Understanding the Intellectual Property License 2007 (Live Webcast)

Dec. 10 - 11, 2007

Overview

Live Webcast on December 10-11, 2007 (P.S.T.)

This is a webcast of the live San Francisco session.

Special Note - New York Transitional credit for this program is only available to New York licensed attorneys practicing law outside the U.S.

Why You Should Attend

Licensing is one of the hottest areas in intellectual property today. The licensing of intellectual property has exploded into a multibillion-dollar industry. Many companies are analyzing and identifying their intellectual property assets to determine which they can license and how they can license them. Virtually every business today will confront licensing issues on an increasingly frequent basis. A solid base of knowledge about licensing of intellectual property has never been more important for companies and their counsel. This introductory course will give you an overview of how to negotiate and draft effective license agreements, whether you are the licensor or licensee. Experts in licensing will discuss different kinds of licensing agreements, and the business and legal issues related to them.

What You Will Learn

Key provisions and practical considerations in trademark and copyright licenses
The basic terms of licensing agreements
Open source licenses - quality, security, support and compliance issues
Database licensing
Best practices in software licenses
Licensing rights of publicity and the rights of celebrities
Handling patent licensing issues in the context of joint development and software integration projects
Coordinating patent licenses with software and database licensing
Special provisions to be included in foreign licenses
Avoiding antitrust problems in the negotiating and drafting of license agreements
Negotiating tips to deal with the contingency of bankruptcy
What a litigator has to say when the agreement has to be enforced

Who Should Attend

General practitioners, intellectual property specialists, corporate counsel and others who need to know the basics of how to license and protect their intellectual property.

Special Bonus to all Registrants

All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Schedule

All times are P.S.T.

First Day: 9:00 a.m. - 5:00 p.m. (P.S.T.)

Morning Session: 9:00 a.m. - 12:30 p.m. (P.S.T.)

9:00 Introduction

Ian N. Feinberg

9:15 Trademark and Copyright Licensing

Rationale for licensing
Fundamentals of a trademark license
Fundamentals of a copyright license
Key provisions and practical considerations

Sally M. Abel, Cydney A. Tune

10:45 Break

11:00 Software Licensing and Open Source Issues

The basic terms of licensing agreements - confidentiality, limiting use, privacy, blister pack license, license transfer constraints, user-based and site-based modifications by licensee, "click-wrap agreements"
- Particular clauses
Open source licenses
- Varying terms in open source licenses and their impacts
- Quality, security, support, and compliance issues in open source licenses
Database licensing
Avoiding the pitfalls and best practices in software licenses

Robin J. Lee, Alan Stern

12:30 Lunch

Afternoon Session: 1:45 p.m. - 5:00 p.m. (P.S.T.)

1:45 Rights of Publicity and Entertainment Licensing

Rights of publicity
Character and celebrity licensing
Shaw Family Archives v. CMG Worldwide - rights of publicity and commercial uses of pictures of deceased celebrities
Special issues in television and movie licensing

William Sloan Coats

2:45 Patent and Technology Licensing

Standard clauses and variations
Strategies for exploiting technological property rights
Negotiating a royalty and constraints on licensing restrictions
Handling patent licensing issues in the context of joint development
and software integration projects
Coordinating patent licenses with software and database licenses
MedImmune v. Genentech - the effect of this recent Supreme Court ruling
and ways of mitigating the effect by artful license drafting

Michael A. Molano

3:45 Break

4:00 Ethical Issues in Licensing

A discussion of potential ethical issues that arise in the licensing arena and how to handle them

Paul W. Vapnek

Second Day: 9:00 a.m. - 3:30 p.m. (P.S.T.)

Morning Session: 9:00 a.m. - 12:15 p.m. (P.S.T.)

9:00 International Considerations in Licensing

How to approach the licensing of a property on a worldwide scale
Special provisions to be included in foreign licenses
Enforcement and protection of rights

Maureen S. Dorney

10:00 Antitrust Issues in Licensing

Identifying and avoiding antitrust problems often encountered in the negotiation and drafting of license agreements
The Supreme Court decision in Leegin Creative Leather Products v. PSKS, Inc. deciding whether vertical resale price maintenance, that is, a licensor dictating the resale price of products or services made under license, remains illegal per se under Section 1 of the Sherman Antitrust Act

Ian N. Feinberg

11:00 Break

11:15 Bankruptcy Issues in Licensing

The rights and remedies in the event of the licensor or licensee's bankruptcy
Negotiating tips to deal with the contingency of bankruptcy

Lillian Stenfeldt

12:15 Lunch

Afternoon Session: 1:30 p.m. - 3:30 p.m. (P.S.T.)

1:30 Drafting for Litigation

Hear from a litigator what happens when the agreement has
to be enforced
How to draft boilerplate for the litigators

Ian N. Feinberg

2:30 A Mock Negotiation of a License Agreement

Putting it all together: a simulated negotiation of a license agreement
Drafting techniques and suggestions for specific clauses

Maureen S. Dorney, Ian N. Feinberg, Robin J. Lee

Faculty

Chairperson(s)

Ian N. Feinberg, Mayer Brown LLP

Speaker(s)

Sally M. Abel, Fenwick & West LLP
William Sloan Coats, Kaye Scholer LLP
Maureen S. Dorney, Paradigm Counsel LLP
Robin J Lee, Cooley Godward Kronish LLP
Michael A. Molano, Sheppard Mullin Richter & Hampton LLP
Lillian Stenfeldt, Sedgwick Detert Moran & Arnold LLP
Alan Stern, Senior Corporate Counsel - Acquisitions, Investments & Alliances, Cisco Systems, Inc.
Cydney A. Tune, Pillsbury Winthrop Shaw Pittman LLP
Paul W. Vapnek, Townsend and Townsend and Crew LLP

Program Attorney(s)

Tamara C. Kiwi, Program Attorney, Practising Law Institute

CLE Credit

PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana¹, Iowa*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York², Ohio³, Oklahoma, Oregon*, Pennsylvania⁴, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arkansas, Mississippi, Ohio, Oklahoma, and Rhode Island: Audio-only live webcasts are not approved for credit.

¹Indiana: Considered a distance education course. There is a 6 credit limit per year.

²New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

³Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

⁴Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.