Patent Act (35 U.S.C.): Federal law governing patents, patent protection, and patent infringement in the United States. Essential for technology licensing agreements involving patented innovations.
Copyright Act (17 U.S.C.): Federal law protecting original works of authorship, including software, documentation, and other technical materials that may be part of the licensing agreement.
Trade Secrets Act & DTSA: Federal laws protecting confidential business information that provides competitive advantage. Critical for protecting proprietary technology and know-how in licensing agreements.
Sherman Antitrust Act: Primary federal antitrust law prohibiting anticompetitive business practices. Affects licensing terms to prevent monopolistic practices or market restraints.
Export Administration Regulations (EAR): Federal regulations controlling the export of commercial and dual-use technologies. Must be considered when licensing technology to foreign entities.
Uniform Commercial Code (UCC): State-adopted uniform law governing commercial transactions, including contract formation, warranties, and remedies applicable to technology licensing.
Data Privacy Laws: Various federal and state laws governing data protection and privacy, including CCPA and state-specific regulations that may affect technology implementation.
Internal Revenue Code: Federal tax laws affecting the treatment of licensing fees, royalties, and other payments related to technology licensing agreements.
Consumer Protection Laws: Federal and state laws protecting consumer rights, including warranty requirements and disclosure obligations for consumer-facing technology.
FCC Regulations: Federal Communications Commission rules governing telecommunications and wireless technologies that may be subject to licensing agreements.
State Contract Laws: Various state-specific contract laws affecting formation, enforcement, and interpretation of licensing agreements within specific jurisdictions.
Bankruptcy Law: Federal and state laws governing bankruptcy proceedings that may affect licensing rights and obligations in case of insolvency of either party.
