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key aspect in IPR
Chapter 13
KEY ASPECTS
OF
IP LICENSE AGREEMENTS

© 2007 Donald M. Cameron
Ogilvy Renault LLP

The author thanks Rowena Borenstein for her assistance in writing an earlier version of this paper.

TABLE OF CONTENTS
1.

Defining Intellectual Property Rights ............................................................................................... 1
(a) Patents.......................................................................................................................................... 1
(b) Trade-marks ................................................................................................................................. 2
(c) Copyright....................................................................................................................................... 3
(d)

2.

“Soft IP Rights” ............................................................................................................................ 4

Skeleton of a License Agreement..................................................................................................... 5
(a) Identification of the Parties ........................................................................................................... 6
(b) Recitals ......................................................................................................................................... 6
(c) Definitions ..................................................................................................................................... 6
(d) License Grant ............................................................................................................................... 7
(e) Compensation............................................................................................................................... 7
(f)

Obligations of the Parties

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