(Second Edition)

Kenneth L. Port,  Jay Dratler, Jr.,  Faye M. Hammersley, Esq.,  Terence P. McElwee,
Charles R. McManis, and Barbara A. Wrigley

On-Line Problem Supplement
Copyright © 2005   Carolina Academic Press.   For permission, see CMI.


This Problem Supplement contains two types of exercises.  The first is a continuous series of problems based on factual scenarios involving a fictitious sports car manufacturer, Contair Corp.  The factual background for these problems changes and builds throughout this Supplement, but many of these problems can be assigned and completed independently and out of order.  These exercises are called "Problems."  They are numbered consecutively and keyed to the chapter of the casebook for which they should be assigned.

A second set of exercises is entirely separate and does not involve the ongoing Contair hypothetical.  These are called "Exercises" and are keyed to the chapter of the casebook to which they are relevant.  They can be assigned and completed independently of the Problems involving Contair Corp.

Additional exercises, such as those involving the distinctiveness of trademarks, are included in Chapter 2 of the Casebook (Overview of Intellectual Property Law).  They are not inclulded here because they are review exercises and are unlikely to change.


Chapter 1:  The Business Factors that Drive a License Agreement

Problem 1:  Licensing Deal with Jeans Manufacturer

Exercise A: Problems in Licensing Scope and Strategy

Chapter 2:  Overview of Intellectual Property

Exercise 1:  Applying the Anticircumvention and Anti-Trafficking Rules of 17 U.S.C. § 1201

(Some review exercises on intellectual property are also included in main volume.)

Chapter 3: Intellectual Property Audits

Problem 2:  Convincing Contair to Conduct an IP Audit

Problem 3:  Guiding Contair through an Acquisition

Chapter 4:  Negotiating the License

Problem 4:  Nondisclosure Agreement and Evaluating Alternative Deals

Chapter 5:  Valuation of Intellectual Property

Problem 5:  IP Valuation, Risk and the Negotiation Process

Chapter 6:  Copyright: Multimedia and Entertainment Licensing

Problem 6:  "Clearing" Rights in Film Clip for Advertising

Exercise 2:  Ownership of Multimedia Productions

Chapter 7:  Key Provisions in License Agreements and Special Types of License Agreements

Problem 7:  Term Interactions

Problem 8:  Joint Ownership and its Pitfalls

Problem 9:  Evaluating Ownership and Licensing Terms

Chapter 8:  Contract Law Issues in Intellectual Property Licensing

Problem 10:  Mass-Market Software Licensing

Exercise B: Implied Licensing Exercises

Chapter 9:  Antitrust Issues in Licensing

Exercise 3:  Antitrust Exposure in Licensing

Chapter 10:  License Litigation and Trends in Judicial Enforcement

Problem 11:  Enforcement Issues and Terms

Chapter 11:  International Aspects of Licensing

Problem 12:  Territory, Taxes, Governing law, and Dispute Resolution

Chapter 12:  Tax Implications in Licensing Intellectual Property

Problem 13:  Minimizing Tax Liability and Using Intellectual Property Holding Companies

Chapter 13:  Bankruptcy and Security Interests in Licensing

Problem 14:  Protecting Licensees against Licensors' Bankruptcy

Chapter 14:  Biotechnology Licensing

Problem 15:  Joint Research Agreements with Government-Sponsored Participants

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