| Legal document |
Focal points
|
| General conditions of sale and delivery of purchase |
General terms and conditions form the basis of the rights and obligations of contracting parties. It is essential that these terms and conditions contain an appropriate IP provision. |
| Employment agreement |
It is important to be clear who owns the IP rights when employees create designs or inventions. |
| Privacy statement |
The statement on your website that informs your customers about the use and processing of their personal data should comply with the obligations of the General Data Protection Regulation. |
| R&D agreement |
In any case, the IP clause in an R&D agreement must contain a clear provision regarding ownership and use of intellectual property rights (to results). |
| Chain of title |
If the chain of title of a patent is not clear, this can have major consequences when licensing or enforcing a patent. For up to two patents, the entitlement will be assessed, on the condition that you also provide the agreements with all inventors involved. |
| License agreement |
It is important to have clear arrangements in place on amongst others the scope of the license, exclusivity, reporting requirements, royalties, targets, action for infringement and termination. Are you a licensee? If so, a maximum of two license agreements will be assessed. |
| Agreement on transfer of (test) material / MTA |
The activities the recipient may perform with the material, what should be done with the material after the termination of the agreement and liability for damages resulting from the (use of the) material, deserve attention. |
| Collaboration agreement |
At a very least, the IP clause should include agreements on the use of IP rights during and after the collaboration. This also applies to the use of IP rights on any future results. |
| Assignment agreement |
The ownership of results, such as designs and inventions, does not automatically lie with the principal. It is important to address this. |
| Transfer of patent/IP rights |
An improper transfer of a patent or other IP right, for example, can have major consequences during the creation of those rights, when licensing or if proceedings must be initiated against an infringer. |
| Confidentiality agreement / NDA |
Arrangements for confidentiality of business information or innovations are essential to keep open the possibility of protection via IP law. |
