{"id":41100,"date":"2025-06-04T12:44:57","date_gmt":"2025-06-04T16:44:57","guid":{"rendered":"https:\/\/www.yorku.ca\/osgoode\/iposgoode\/?p=41100"},"modified":"2025-06-04T12:44:58","modified_gmt":"2025-06-04T16:44:58","slug":"can-we-develop-incoipterms-for-intellectual-property","status":"publish","type":"post","link":"https:\/\/www.yorku.ca\/osgoode\/iposgoode\/2025\/06\/04\/can-we-develop-incoipterms-for-intellectual-property\/","title":{"rendered":"Can We Develop \u2018IncoIPterms\u2019 for Intellectual Property?\u00a0"},"content":{"rendered":"\n

A Legal Feasibility ¿ì²¥ÊÓƵ of Standardized Terms in International IP Contracts <\/h2>\n\n\n\n

By Mohsen Hasheminasab<\/em><\/p>\n\n\n\n

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In an era of increasing cross-border trade and digital innovation, the lack of standardised contractual frameworks for international intellectual property (IP) transactions creates legal uncertainty and commercial risk. In a recent research project, I explored the feasibility of developing IncoIPterms \u2013 <\/em>a set of globally accepted contractual terms for IP agreements modelled after the Incoterms<\/a> (or International Commercial Terms) widely used in the international trade of goods. By analyzing the key legal challenges, including the territorial nature of IP and its intangible subject matter, and offering practical solutions, I hoped to plant the seed for the future development of IncoIPterms<\/em> that could similarly enhance legal predictability, reduce disputes, and so promote more efficient international commerce in intangible assets.<\/p>\n<\/div><\/div>\n\n\n\n

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Why Look to Incoterms?<\/strong><\/h2>\n\n\n\n

The Incoterms, developed by the International Chamber of Commerce (ICC), are a globally recognized set of rules for the international sale of goods. These terms have become an essential part of international trade law. They clearly define the obligations, risks, and costs borne by buyers and sellers, helping to minimize disputes and standardize practices across jurisdictions.<\/p>\n\n\n\n

This success prompts the question: Can we replicate this model for intellectual property? Enter the concept of IncoIPterms: uniform international commercial terms specifically designed for IP transactions.<\/p>\n\n\n\n

The TRIPS Gap and the Need for IncoIPterms<\/em><\/strong><\/h2>\n\n\n\n

While the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) aimed to harmonize IP law globally, its requirement for minimum standards has often led to the maximization of IP rights instead. The result? A growing imbalance between IP protection and the need for legal consistency in cross-border commerce.<\/p>\n\n\n\n

IncoIPterms could fill this gap by offering flexible, standardized contract language for IP transactions, \u00a0in the same manner as Incoterms operate in the trade of goods.<\/p>\n\n\n\n

Key Challenges<\/strong><\/h2>\n\n\n\n

Of course, developing international IP terms is not a straightforward proposition. Some of the main obstacles include:<\/p>\n\n\n\n