Impact of Article 2B

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This is an unofficial draft of Article 2B from April 15, 1998. For the current official version, see the University of Pennsylvania Law School (Official NCCUSL) site at http://www.law.upenn.edu/library/ulc/ulc.htm

SECTION 2B-602. LICENSOR'S OBLIGATIONS TO ENABLE USE.

(a) In this section, "enable use" means to grant a contractual right or permission with respect to information or informational property rights coupled with acts, if any, required under the agreement to make the information available to the transferee.

(b) A licensor shall must enable use by the licensee. In determining what constitutes enabling use, the following rules apply:

(1) If no act other than the grant of a contractual right or permission is required under the agreement to enable use, the licensor's obligations are performed when the contract becomes enforceable between the parties.

(2) In an access contract, enabling use includes providing any documents, authorizations, addresses, access codes, acknowledgments, and other materials necessary to obtain the agreed contracted for access.

(3) If filing a record is required allowed by law to establish priority of ownership of informational property rights and the agreement requires a transfer of ownership, the licensor shall deliver a record for that purpose on request by the licensee.

Reporter's Notes:

This Section was created as part of the restructuring of this group of sections. The provisions of the Section derive from former 2B-603(a)(b)(d) and are included in this general section based on the view that they reflect rules of general applicability that are relevant beyond delivery of copies.