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Licensing from US universities is done within the overall legal framework of the Bayh–Dole Act of 1980 and the employment agreements of universities. This chapter explains common contracts used by universities to license technologies developed by their faculty and students within the context of these laws. In addition to the legal framework, the nature of license agreements is affected by the embryonic nature of most university inventions, which necessitates faculty and student involvement in development, and the entrepreneurial goals of the university. Universities have diverse goals in terms of revenue, licenses executed, inventions commercialized, patents filed, and number of startups formed. The somewhat obvious problem is that the goals of faculty, students, the university, and the licensee may not be aligned. Common contracts used are meant to align these goals. While some contracts include multiple terms such as upfront fees, running royalties, annual payments, and equity, Express Licenses are increasingly being used to accommodate the entrepreneurial environment. This chapter discusses these issues and also the importance of the rights to sublicense inventions.

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with domestic U.S. patent law for the sake of concreteness, and generalize to other jurisdictions and types of intellectual property. In the latter parts of the paper I discuss the international implications of intellectual property, including especially the effects of information spillovers. The last part of the paper describes the hazards in analogizing “trade” in intellectual property rights to trade in goods, and particularly in interpreting international patent data. These hazards motivate the search for a structural model specially adapted to the purpose of valuing international intellectual property rights and rules. The goal is to give economists a simple and integrated framework for analyzing intellectual property across time, jurisdiction and regime type, with an eye towards eventually developing other incentive systems that have the advantages of property (such as decentralized decision-making), but fewer of the disadvantages.

Standards are being developed in five primary areas of e‐book development: e‐book formats, digital audio formats, digital rights management languages, digital rights management systems, and distribution and promotion. Each of these standards has technological, economic and social aspects. This article describes some key e‐books standards and discusses how these aspects are shaping the emerging e‐book products.

This paper aims to shed light on the potential implications for asset protection planning in multinational enterprises (MNEs) from the Organisation for Economic Co-Operation and Development (OECD)’s work on base erosion and profit shifting (BEPS) and the global push towards increased transparency and automatic information exchange.

An examination of the academic literature across a range of areas of the law relevant to MNEs and an analysis of the risks facing MNEs and the significance of asset protection in managing these risks. An examination of the OECD’s work on BEPS and automatic information exchange and implications for asset protection strategies utilised by MNEs with a particular focus on the critical issues of disclosure, ownership and control.

The full extent to which MNEs will be affected by the OECD’s work on BEPS remains unknown. Early signs indicate a significant shift in the focus of tax rules away from the pricing of specific transactions between related entities to the total global value chain of an MNE opening the door for more widespread adoption of enterprise liability and for states to obtain a complete view of MNE tax and asset protection planning, potentially including previously impenetrable trusts and limited liability companies.

This paper is one of the first to provide an analysis of the importance of asset protection to MNEs and the potential risks arising for asset protection planning in MNEs from the OECD’s work on BEPS and automatic information exchange.

The purpose of this paper is to analyze the Double Irish and Dutch Sandwich (DIDS) tax schemes used by international companies. Companies using these schemes are enabled to transfer a large amount of their profits to offshore tax havens by using wholly owned subsidiaries located in Ireland and the Netherlands. This paper also analyzes the US General Anti-Avoidance Rule (GAAR) to see whether it can effectively detect and counteract this scheme. This analysis is furthermore enhanced by applying the Mauritian GAAR through Section 90 of the Income Tax Act to the said schemes.

Concerning research methods, the library and the internet will be the main sources of information to be used for this paper. Through the usage of library research, the Mauritian Income Tax Act, US GAAR, European Commission decisions and scholar writings will further enhance this paper on the structure and preventive actions that can be taken against the DIDS scheme. This paper will also use a case study coupled with a theoretical analysis of current anti-avoidance rules.

The paper then concludes that it is possible to counteract the schemes using the Mauritian law but under specific circumstances. It is then revealed that there is a fundamental flaw in the current tax systems, which is the inability to regulate the intangible nature of resources and technology-based transactions.

To the author's knowledge, this paper is among the first literature on the subject of DIDS strategies conducted in the context of Mauritius.

This article will describe a logical and efficient process of developing coherent national strategies in light of environmental forces that are present in the global market. It will then apply that process to the Federal Republic of Germany. The TOWS (threats, opportunities, weaknesses, strengths) Matrix will be used to accomplish this task. The TOWS methodology will focus on aspects of German industries that have had a significant impact ‐ either positively or negatively ‐ on the country’s economy and its position in the European Community and the world. Intrinsic national forces in the social, economic, political, and technological areas will be considered in determining the origin of Germany’s national industrial strengths and weaknesses. External opportunities for and threats to these industries will then be analyzed. After an analysis of a wide array of forces, strategies by German industries will be delineated and alternative industrial strategies will be proposed. Because former West Germany differs very much from former East Germany, the analysis will focus on what used to be called “West Germany”, referred to in this paper simply as Germany.

Large agricultural producers often demand seed with high yielding genetics along with specialty traits specific to their particular needs. Dairyland Seed Company prides itself on its superior genetics and a research program that adds specialty traits while retaining the qualities of the original variety. Dairyland sources specialty trait technology from two competing suppliers – DuPont and Monsanto. Each of these suppliers is currently pursuing a strategy of forward integration through aggressive marketing programs and acquisitions. The implications for access to future technologies and long‐term survival are profound, and leave Dairyland and other smaller seed companies with strategic decisions to make. This paper examines a channel of distribution for agricultural biotechnologies and the decisions faced by a small, reputable seed company when dealing with its large multinational biotechnology suppliers. Who should Dairyland be partnering with, and can Dairyland balance supplier dependency in an attempt to avoid being eliminated from the channel?

A subject that often causes trouble for reference librarians is federal income tax research and the use of tax services. This article describes the sources of federal income tax law, sources used to interpret the tax laws, and the services that pull all of this information together for the researcher.

This is a primer on software licensing, which is a pressing issue for industry practitioners who are confronted with many agreements involving trading systems. This article deals with the practical “how‐tos” for licensing as well as with certain intellectual property concerns.

Here's a guide to valuing, pricing, and negotiating payment arrangements for software—whether you're the licensor or licensee.