Observations On Licensing

摘要

One of the more curious aspects of licensing agreements is the prevalence of certain terms that have become accepted through their use over the years and which have become accepted in the field, despite the absence of any clear source or authority. For example, the terms "Background IP" and "Foreground IP", usually as further defined in the license, are frequently found in technology licensing agreements. Exactly how these terms became the preferred language to describe the IP rights that each party brings to the agreement, on the one hand, and the IP rights developed during the course of the agreement, on the other hand, is not clear (at least to this author).