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.
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.
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.
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:
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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I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
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The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.
