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  • 7 - Exclusive Licenses

  • from Part II - License Building Blocks
  • Jorge L. Contreras, University of Utah
  • Book:
    Intellectual Property Licensing and Transactions
    Published online:
    21 June 2022
    Print publication:
    30 June 2022, pp 173-195
    • Chapter
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  • Summary

    Chapter 7 considers the rationale and policy behind the granting of exclusive licenses. It then explores the special obligations imposed on both licensors and licensees when exclusive licenses are granted. Licensor duties include refraining from granting competing licenses in the field (Duncan v. Royal Tops), the exercise of licensor reserved rights (Kepner-Tregoe v. Vroom), and the duty to maintain and enforce licensed IP. The exclusive licensee’s obligations include a duty to exploit the licensed IP, possibly in accordance with a schedule of milestones (Wood v. Duff Gordon; Permanence v. Kennametal).