1. More WIPO: contracts & licenses
IPNM 2007
Kaido Kikkas
This document uses the GNU Free Documentation License (v1.2 or newer).

2. Some more things traditional
Contract - a legally binding exchange of promises or agreement between parties that is backed up by the law
License – a legal permit to use someone else's creation (IP) under predetermined conditions

3. Some legal terms at contracts
General principle: pacta sunt servanda
Exception: jus cogens
Even more Latin: bona fide aka good faith
Disposition: what is not forbidden, is allowed
Undue influence (lack of)
Reason

4. Types of contract Transfer contracts (sale, exchange, donation)
Contracts for use (rental, leasing, licensing, loan)
Insurance contracts (life insurance, property insurance)
Service contracts (hiring, representation)
...

5. Warrants of contract Deposit Late interest Contractual penalty Pledge
Surety

6. Offer and acceptance
The acceptance must be communicated. Prior to acceptance, an offer may be withdrawn.
An offer can only be accepted by the offeree, that is, the person to whom the offer is made.
An offeree is not bound if another person accepts the offer on his behalf without his authorisation.
It may be implied from the construction of the contract that the offeror has dispensed with the requirement of communication of acceptance.
If the offer specifies a method of acceptance (such as by post or fax), you must accept it using a method that is no less effective than the method specified.
Silence cannot be construed as acceptance.

7. Using someone else's creation
Typically possible when
the author has transferred the IP rights (sold, donated, given up)
the author has issued a permit (license) for its use

8. Limits Can be limited by ways purposes period territory
extent or instrument

9. License
Legal permit to use (manufacture, sell) someone else's creation
Licenser - issues a license
Licensee - receives a license

10. Main types Non-exclusive license Exclusive license Absolute license
Cross-license
Sublicense
Compulsory license

11. Payment options Single payment Periodical payments (royalties)
Single initial payment and royalties
Single initial payment and royalties with a guaranteed minimum

12. Next time... ... we will look at software licensing
the problems with applying the traditional models on software