The intellectual property clause deals with intellectual property under the agreement, including the existing intellectual property of each party. Retain ownership of the licensed intellectual property rights. [PART A] retains all shares and ownership of the licensed intellectual property, with the exception of the rights granted [to PARTY B] in the “License Grant” section. The use of the intellectual property licensed by [PART B] and the accumulated goodwill shall be for the exclusive benefit of [PART A]. Call a lawyer at an early stage. The first step towards mutually beneficial cooperation is the creation of a strong legal treaty, which will be concluded by both sides. The agreement should describe in detail the following: (c) employees in California own their inventions, which were created with their own facilities and in their own time. Provisions relating to employment contracts which attempt to modify this system shall not apply. Sections 2870-2872 of the California Labor Code provide that a worker`s inventions are not attributed to the employer if: intellectual property.

Nothing in this agreement will be used to transfer intellectual property rights from either party to the other. The most important thing is to recognize that there are several intellectual property protection regimes. The situation with co-ownership becomes even more complicated when several forms of intellectual property are involved, each with different standard rules. For example, co-owners of a U.S. copyright must share royalties, contrary to the U.S. patent rule. Almost all useful products are protected by several forms of intellectual property such as patents, designs, trademarks and copyrights. Such complexity arises, for example, when a software product protected by both patent and copyright is licensed by a co-owner.

Co-owners should determine what percentage of the software product is excluded from licensing under U.S. patent law and what percentage of the license is subject to U.S. copyright. In license agreements, the intellectual property clause explicitly states that the only intellectual property rights that change ownership are those specifically granted in the licensing clause. A licence is not a transfer, sale or assignment, it has no influence on ownership; the licensee is not the owner of the intellectual property granted to him, the licensor reserves ownership. The intellectual property clause in a license is intended to clarify that the license is only a license, that it does not affect the ownership of the licensor`s intellectual property, and that any goodwill existing in the IP granted or goodwill accumulated during the agreement benefits the licensor, not the licensee (Goodwill`s “ownership” is the most important in the grant of the trademark). Grant of License. upon expiration or termination of this Agreement, [PARTY A] [PART B] grants an irrevocable, fully paid-up, non-paying, worldwide, non-exclusive license, with the right of sublicense, patents, copyrights or other intellectual property rights related to a [PARTY B-Developed Intellectual Property], including the right to exercise the [PARTY B-Developed Intellectual Property], and the right to produce products and processes; used, imported, offered for sale and sold under the [PARTY B-Developed Intellectual Property]. .

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