Drafting of Intellectual Properties
There are many different intellectual property rights in English law. Some are well known, such as copyright, patents and trade marks; others are less well known, such as moral rights and rights in designs; and some are almost unknown outside specialist circles, such as rights in typographical arrangements and plant variety rights.
There are two main kinds of pure intellectual property agreement: assignments and licences. We supply templates of both types:
- IP assignment templates
- IP licence templates
An assignment of intellectual property is a document effecting the transfer of the ownership of intellectual property from one person to another. A licence of intellectual property rights is a document specifying that a person may do certain acts without infringing the owner's intellectual property rights.
If you are assigning the ownership of intellectual property, this should always be in writing by means of a formal agreement. Many IP rights cannot be properly assigned without a written document.Licences of IP should also usually be written down
(especially exclusive licences).
Common issues to consider when drafting an intellectual property agreement are:
- The definition of the intellectual property that is being licensed or assigned
- Warranties and indemnities given by the licensor or assignor in relation to the IP
- The circumstances, if any, in which a licence may be cancelled or the rights assigned revert
- The treatment of related moral rights