[Guest Book Review] Research Handbook on Intellectual Property Licensing (2nd ed)

The IPKat has received and is pleased to host this review of the second edition of the Research Handbook on Intellectual Property Licensing, edited by Jacques de Werra and Irene Calboli. This book review has been prepared by Mattia Dalla Costa (CBA Studio Legale). 

Here’s what Mattia writes:

The book is currently available
in hardback and ebook

This is a review of the second edition of the Research Handbook on Intellectual Property Licensing (Edward Elgar, 2025), edited by Jacques de Werra and Irene Calboli.

The volume brings together 32 leading experts, combining academic analysis with practical insights in case law. This handbook provides best practices and stands out as a highly valuable resource for anyone navigating the complexities of IP licensing. The authors include key representatives from the Licensing Executives Society (LES), the world’s leading association in the licensing sector.

The commercialization of intellectual property through licensing has become a cornerstone of business development in today’s global era of technology and innovation. Licensing in and out, technology transfer and open innovation are now key mechanisms to monetize IP assets effectively.

A distinctive aspect of IP licensing is its fragmented global legal framework. While referenced in TRIPS (Articles 21 and 28), European regulations such as TTBER (Article 5.1), and the Agreement on a Unified Patent Court (Article 47), licensing has not been comprehensively harmonized internationally. As a result, licensing remains governed primarily by national laws, intersecting with contract law, bankruptcy law, private international law, arbitration law, and particularly competition law (see Part I).

This handbook underscores that competition law is a crucial benchmark (not only in SEP patents, technology transfer agreements, and R&D contracts), but also in the everyday drafting of license agreements.

The inclusion of case studies and licensing scenarios allows readers to bridge theory and practice, offering insights directly applicable to drafting complex cross-border IP agreements.

It also addresses emerging trends, including data-sharing agreements, technology transfer in an AI digital world, enforcing open-source software licenses and evolving possible regulatory frameworks (see Part IV), making it a forward-looking guide for the next generation of IP professionals.

The strength of this collective work lies in its international perspective. Contributors from Europe (including Switzerland and the UK), the US, India, Japan, alongside experts from WIPO and the Max Planck Institute, illuminate a wide range of topics:

• Part I: Transversal IP Licensing Issues
• Part II: IP-Specific Licensing Issues – Copyright and Data Licensing; Patent, Trade Secret and Technology Licensing; Trademark Licensing and Merchandising
• Part III: Selected Regional and National Perspectives – Africa, China, India, Japan, Brazil
• Part IV: Global and Regional Harmonization of IP Licensing Law, presenting a model of IP commercial law and a framework for European IP license contract law, especially in data-sharing transactions.

I particularly liked the sections on licensing open-source software and on patents, trade secrets and technology licensing and the analysis conducted in UK jurisdiction, where the injured party can use the action for breach of confidence in addition to the claim for infringing products under the Trade Secrets Directive (EU) 2016/943. 

By combining domestic and transnational experiences, this handbook functions not only as a practical guide but also as a platform for ideas and discussion, aspiring toward global IP licensing regulations and policies on IP licensing law and IP contract law. By comparing licensing practices across multiple jurisdictions, as for example on licensing SEP patents on FRAND term, the handbook equips practitioners with the tools to anticipate legal challenges and design contracts that are robust in diverse legal environments.

In closing, the handbook provides practical guidance for leveraging IP assets, not only to ensure legal compliance but also to drive strategic planning and, therefore, possible business advantage.

I consider this handbook a useful resource for IP professionals and corporate counsels operating in that field. It delivers not only an academic analysis but also a practical guidance for drafting and defending complex licensing agreements across multiple jurisdictions. Its in-depth treatment of possible harmonization, competition law and transnational practices aligns very good with the challenges we address in advising clients, designing and defending global IP licensing frameworks and maximizing the value of intellectual property assets on an international scale.

Details

Publisher: Edward Elgar

Extent: 546 pages

Format: Hardback and eBook

ISBN: 978 1 83910 873 0

Licensing Executives Society (LES) members benefit from a 35% discount on the book (discount code "IPLC35" at check out when ordering online at www.e-elgar.com)