CONTRACTUAL DRAFTING AND OR INTELLECTUAL PROPERTY (IP) TRANSACTIONS
Depending on the activities of the company involved, legal transactions which include IP in the form of trademarks, designs and or patents usually include:
– Assignment of rights,
– Sale or transfer of intellectual property rights,
– License or right of use agreements and
– Franchise agreements.
A further range of rights arise from copyright which may be reflected in different transactions (apart from the above mentioned agreements), such as:
– performance agreements and
– publishing contracts.
However, IP is not limited to the above mentioned agreements and for other agreements which do not have IP as their main focus; it is easy to fall into the trap of not protecting your IP. Such agreements include
– distribution agreements,
– appointment of agent agreements,
– contracts with manufacturers.
Further, when appointing a third party to create something for you such as a software developer or a designer, it is imperative to have your IP secured since these may be deemed works for hire under certain jurisdictions. Thus the agreements necessary to protect your IP may consist of:
– waiver of IP rights agreements and
– Confidentiality agreements
In general, legal transactions which involve intellectual property have particularities which need to be scrutinised by professionals who have the contextual knowledge and relevant awareness of each topic in order not to jeopardize the protection and safeguarding of your IP in any way.