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Posts Tagged: "ethical licensing"

Industry Self-Regulation Will Best Address Abusive Patent Practices

Industry self-regulation is the most efficient and least disruptive means for realizing the benefits of our patent system. It will bring greater certainty to IP-related transactions, and support collaboration to enhance the creation, development, and commercialization of new products and services. It will advance the Constitutional imperative of promoting the progress of the useful arts. By drawing upon the skills, insights, and resources of the diverse community of IP and business development experts, LES will ensure a fair and equitable system of standards that will benefit both society as a whole and the innovators who depend on that system.

Demand Letter Legislation Must be Narrowly Tailored

An effort to address bad actors may unnecessarily create significant hurdles for innovators seeking to enforce or license the rights to their own innovations. The fear of unintended consequences requires targeted reform that will specifically address only the abusive behaviors relied upon by the bad actors, namely misleading and fraudulent demand letters. The trick will be to tackle these abusive behaviors that serve no legitimate purpose while not making legitimate business communications impossible. Luckily, it is not difficult to spot fraudulent demand letters and distinguish them from legitimate business inquiries. But will Congress be able to strike the appropriate legislative solution?

Licensing standards and best practices separate good behavior from bad

LES is focused on licensing standards, which will also define best practices to separate patent owners with good behavior from bad behaviors. The committees also contemplate establishing template documents for transactions. The overall idea is that these standards, best practices, and template documents will become the foundation for an accreditation process. And so, yes, we absolutely encourage anyone to join the discussion as it’s being framed now but all participants need to recognize that to meet the standards and accreditation requirements you are going to be accountable yourself to the standards that are defined by these programs.