Assignee

When we discuss an assignee in Intellectual Property (IP), this refers to the ability of one individual to assign their IP rights to another individual or business. This makes them an assignee of your IP rights. 

The reverse can also occur, where someone assigns you or your business their IP rights, making you the assignee. This is most often handled through a formal agreement known as an assignment contract.

Legal Rights Of An Assignee

Once an assignment contract has been signed, the legal rights associated with the IP in question become that of the assignee and the assignor no longer has any control over the IP. 

The assignee, whether an individual, a business, a company or a recognised legal entity approved to own IP, can exercise these legal rights as they see fit. They can licence the IP to others, take action against infringement and utilise it commercially for their own gain without issue. 

Assignee Vs Licensee

It is important to note that an assignee becomes the legal owner of the IP which is not the same as being a licensee. A licensee is granted limited rights to use the IP but ownership remains with the IP rights holder.

Rights Retained By The Assignor

Even if you become the assignee of valuable IP and have full legal ownership, you must still abide by recognised moral rights. This means you:

  • Recognise and allow the original creator to attribute their name to the IP
  • Disallow third parties to claim attribution of the original creator's IP
  • Refrain from the derogatory treatment of the creator 

Protecting Yourself As An Assignee

Assignment of IP should always be handled through a formally prepared and legally binding written agreement. 

An experienced IP attorney should be engaged to ensure you are protected from future claims of infringement and that your ownership is undisputed. 

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