Licensing 

In this module, we will consider the issues involved in licensing intellectual property rights in global business transactions.  

To prepare, please download and complete the assigned reading for this module. 

Demonstrate class engagement by submitting evidence of (a) pre-reading and (b) post-class reflection in relation to any five modules of the course. 

The class is on 18 January 2025 (intensive class). 

First, consider the three technologies the client is interested in its dealings with JSportAI: the line-calling cameras, the re-scheduling software and the Ball-Bots. In the "second stage" of negotiations, discuss the following: 

• What does it mean for DigiAdvance to "license" production of this technology in one of its three sites globally? Is licensing available for all three JSportAI technological products?

• How does licensing production compare with (a) exporting / importing; (b) foreign direct investment; and (c) technology transfer? 

• What are the advantages and disadvantages of licensing production for the client? What about JSportAI -- and how would you address these concerns, if any, in a future negotiation round? 

• What are the intellectual property "rights" involved in licensing production of these three technologies? Assume that Ball-Bots are branded with "AI Love Tennis" as a slogan below an image of a heart (designed as if its an integrated circuit and with JSportAI's name incorporated within the image design) -- would it make any difference if these words/images were registered in Japan and globally?

• What well-known intellectual property right is largely irrelevant to future licensing negotiations with JSportAI?

Second, what do you know about Japanese law on intellectual property enforcement? Are they similar to the US or do the Japanese have different attitudes towards the concept of "property"? Would Japanese courts enforce IP rights extraterritorially? If you are unfamiliar with Japanese law, to what extent does the international law regime on intellectual property allow you to set expectations for your client on whether or not -- and, if so, how -- Japanese law should offer robust protection for IP rights.