Paper on License enforcement published

Posted byjames on February 20, 2012

Acquiring IP provides an exclusionary property right, namely the right to prohibit others from engaging in infringing activity. Most IP licence agreements try to convert the licensor's legal right to sue for infringement into a contractual obligation upon the licensee to provide consideration to the licensor (eg a lump sum, ongoing royalty payments, or cross licences to other IP)

I have written a paper addressing some of the questions the licensor should consider in determining whether they should enforce their proprietary or contractual rights, or both, when the license has been breached. The paper has now been published in the Oxford Journal of Intellectual Property Law, and is available at



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