Browsing Derby Law School by Authors
International licensing agreements: IP, technology transfer and competition law.Meiselles, Michala; Wharton, Hugo; University of Derby (Wolters Kluwer, 2018-10-16)About this book: A guide to the complex world of international licensing agreements grouping together all the essential materials needed when considering cross-border licensing agreements. What’s in this book: As a step-by-step guide to drafting international licensing agreements, this book ensures that the needs of each contracting party are addressed. This expert guide covers the following: business models that may be used by the contracting parties; standard provisions encountered in an array of international licensing agreements; analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; effect of competition law in a variety of jurisdictions; ensuring trademark protection at both national and international levels; clear explanation of key franchising terminology and disclosure rules; and effect of international dispute resolution rules in a range of jurisdictions. Alongside contract analysis, this book details numerous case studies from an array of industries that ensure the accommodation of sector-specific issues. For practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements. The book’s thorough incorporation of detailed contract analysis will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.
U.S. franchise regulation as a paradigm for the European UnionMeiselles, Michala; Emerson, Robert; University of Derby; University of Florida (Washington University, 2021)The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract’s bargaining phase and post-formation. Sparked by the European Parliament’s call to review regulations governing Europe’s underperforming retail franchise sector, we propose reforms to counter the structural and economic inequality between franchise parties. Drawing on lessons from comparatively successful federal frameworks, we present a regulatory trifecta of mandatory disclosures to prospective franchisees, required express or implied contractual obligations and rights for both franchisors and franchisees, and compulsory adherence to certain protections of franchisees throughout the franchise relationship.