The field of intellectual property law is that part of law, covering enforcement and protection of legalized rights in respect of inventions, original creations, musical piece, designs and artistic based prospects of inventor or creator. The main aim of intellectual property lawyers in India is to encourage people to start creative works that will help and benefit society by ensuring that person developing an art, idea, design or technology can work on the same without fear. Just for protecting intellectual rights, there are loads of contracts executed by owner of intellectual property. Now, there are some types of contracts which these property lawyers must know about. Those are here to understand.
Work for Hiring Agreements
These major agreements are entered or executed between firms to hire artist for performing some pieces of art work or just for creating work that company intends to have copyright over. For example, logo, designs or corporate videos are some opted out options. It is vital to identify work where the intellectual property gets assigned.
Development and Research
These kinds of development and research agreements take place between a company with individual or firm for conducting research and even developing an idea, goods or services. They are mainly entered to research in proficient connection with hardware or manufacturing products, with professors pursuing research at universities and scientists working in firms. The university or company will include assignment clauses for assigning any intellectual property. The intellectual property lawyers need to know about these agreements.
Music License Based Contracts
A music license agreement is always the contract between music creator and third party to just exchange composition for consideration. Here, the third party will be given the right to publish or just distribute music in multiple forms. The top lawyers in India working on intellectual property need to be well-aware of these kinds of agreements to grow their businesses in this field.
E-book publishing agreement
Most of the time, the publisher of an e-book will acquire rights to just publish e-book as written by owners or authors of written manuscript of any book. With the help of this agreement, the publishing right of the written manuscript as e-book is provided to the e-book publisher. The owner over here will receive royalty towards sales of such books or is paid a fixed consideration amount. It might get combined with printing publishing agreement or other points, depending on publisher.
Inventions Assignment contract
Inventions Assignment agreement is yet another contract that top law firms in Delhi have to care about. This contract provides employer with the rights over creation of employees during employment period. Most of the time, this employment agreement comprises of clause where all creations of employees are product of the employer’s business. On the other hand, these clauses and agreements will protect confidential info of firm. Intellectual property right in employer-employee relationship is assigned to employer by the current Copyright Act. However, the case is not same with patents and trademarks.
As per the lawyers in India, through this agreement, owner of copyrights grant license to others to exploit copyright monetarily like creating reprint, or distributing original works on terms and conditions presented by owner. License is well limited in scope, territory or time and it might only be for creation translation only. It is restricted for a period of 2 years and right to sell is limited to particular country or state.
Trademark Licensing and Franchising
Trademarks are here to help identify goods of an entity by franchising or licensing agreement. The goodwill gained by such mark is well shared by another entity who helps in promoting business with same mark by maintaining same standard of business and its products. Some of the popular food joints and coffee shops will follow this franchising model.
Technology Licensing or Technology Transfer
According to this agreement, the owner of property will authorize another firm or person to use rights of technology for considerable amount as agreed between them. It is one way to transfer technology knowledge. It will help smaller firms to grow as they gain technology licenses from bigger firms for promotion and producing a product.
For protecting info falling under intellectual property, you have to enter into NDA and contemplating business centric relationships. These agreements will be placed between parties, which are contemplating deeper business relationship. It helps in protecting disclosure of important info in future, even when the larger transaction fails to succeed. During such instances, non-disclosure obligations will apply. Clauses as added in NDA are common in other stages like consultancy or employment agreement.
Intellectual Property Assignment Contract
Here, the agreement is to assign intellectual property right to transfer property rights partially or completely from owner to another firm or person. Through this agreement, the main owner transfer rights to sell or develop said property to another legal entity with help from legal firm in India. Such assignments are governed by Patents Act, 1970. Some such assignment types over here are assignment of trademarks, patents, copyrights, design, geographical indications and confidential know-hows.
Always remember that intellectual property agreements deal with various rights to be licensed, assigned to any company or person. These clauses in contracts should be crafted with caution and utmost care. There are some major elements in intellectual property contracts to keep in mind like confidentiality, ownership and more, before making the final draft.