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If you are seeking to transfer the legal rights and responsibilities linked with intellectual property (IP) you will need to undertake an assignment of rights.
In this process, you as the assignor can give your IP rights to an assignee, or you can become an assignee and take ownership of another’s IP.
IP rights are most often assigned away as part of an employment contract in which the employee agrees that any IP produced during employment becomes their employer's property.
The necessary transfer of IP rights can also occur when you engage a third party to develop something for you. Examples of this could include:
Whether you are the assignor or the assignee, it is important to ensure that the transfer of IP rights is handled in line with current legislation and protects both parties.
It must be stipulated that all current and future rights, titles or interests in the IP are being handed over in their entirety to the assignee. The IP in question must be also clearly described and the type confirmed.
You can assign the rights to:
If any money is changing hands as part of the agreement, this should also be outlined in writing and agreed upon.
To ensure there is no confusion over what IP is being transferred or what the legal implications of this
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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
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
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.