Journal Article

Licensing lifesavers: possible routes to overcome errors and omissions in licence agreements

John Sykes

in Journal of Intellectual Property Law & Practice

Volume 1, issue 13, pages 829-838
Published in print December 2006 | ISSN: 1747-1532
Published online November 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpl173
Licensing lifesavers: possible routes to overcome errors and omissions in licence agreements

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Legal context. This article is about the possible ways the correction of errors in a written agreement can be achieved. These errors might be in the way that the agreement has been written or that the parties misunderstood the agreement each thought they were making.

Key points. English law provides a number of ways in which such mistakes or misunderstandings might be resolved, ultimately by a court if further agreement cannot be reached. First, the written agreement might simply be unenforceable. If not, then a court might construe the wording in the agreement in a way that reflects the intention of the parties, implying terms into that contract, or rectify the words used in the agreement.

Practical significance. The intention of the article is to make practitioners aware of these various routes to remedy mistakes which have been made in connection with written agreements. This knowledge will enable an informed approach to be taken to resolving the dispute of which the mistake or alleged mistake is the cause. Negotiations can take place around the possible effect of the mistake and the available remedies. This knowledge can be used to resolve disputes arising out of such errors either by negotiation, possibly through mediation, and ultimately by appropriate action in the courts.

Journal Article.  7124 words. 

Subjects: Arbitration ; Intellectual Property Law

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