Assignment of Intellectual Property Rights

Updated for 2014

This deed of assignment provides for the transfer of all intellectual rights in a particular work from one party to another. It also obliges the person transferring the intellectual property rights to provide all reasonable assistance that the transferee might require in order to facilitate the transfer of those intellectual property rights and any required registrations.

The deed includes standard warranties from the owner of the intellectual property rights in relation to its ownership of the rights and its ability to transfer those rights to the proposed transferee. It also contains standard confidentiality provisions to ensure that the terms relating to the transfer of the intellectual property rights are kept confidential.

Further details are set out below.

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Intellectual property, or “IP” as it is also referred to, is a term used to describe a number of distinct types of creations of the mind. These creations include things such as inventions, literary and artistic works, symbols, names, images and designs. Under intellectual property law, the owners of these creations are granted exclusive rights to control their use. These rights, known as intellectual property rights, are granted in the form of legal protections known as copyrights, trade marks, patents, industrial design rights and trade secrets.

Intellectual property itself can be divided into two principal categories namely industrial property and copyright. Industrial property refers to inventions (patents), trade marks, industrial designs and geographic indications of source. Copyright, on the other hand, refers to literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.

Where a person other than the creator of the intellectual property uses that intellectual property they can, in many instances, be held accountable to the creator for breach of the creator’s intellectual property rights. As such, to enable third parties use these rights without the risk of being sued by the creator, it is common place for the creator to either transfer or licence the intellectual property rights to the third party (whether for a fee of otherwise). In the case of a transfer or assignment, the transferee or assignee will become the new legal owner of such rights.

Enodare’s deed of assignment of intellectual property rights is widely drafted in order to allow for the transfer of all intellectual property rights in a particular set of works generally and to transfer other items which may not specifically be considered to be intellectual property such as domain names and rights in confidential information.

More specifically, this deed of assignment of intellectual property rights provides for the assignment of:

(i) Copyright and related rights

(ii) Database rights;

(iii) Domain names;

(iv) Trade marks;

(v) Patents; and

(vi) Design rights.

Detailed information in relation to each clause of this agreement and on how to complete the agreement are contained in the notes that accompany the agreement.



Clauses Included in this Deed of Assignment of Intellectual Property Rights:

- Defined Terms Clause

- Assignment Clause

- Warranties Clause

- Further Assurance Clause

- Indemnity Clause

- Waiver of Moral Rights Clause

- Notices Clause

- Confidentiality Clause

- Counterparts Clause

- Entire Agreement Clause

- Governing Law and Jurisdiction Clause

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