Impact of Article 2B

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This is an unofficial draft of Article 2B from March 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 must enable use by the licensee. In determining what constitutes enabling use, the following rules apply:

(1) Except as provided in Sections 2B-603 and 2B-604, if enabling use requires delivery of a copy, Section 2B-607 applies as to tender of delivery of the copy.

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

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

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

Reporter's Notes:

Notes to this Draft:

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.