Assignment of Rights

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. 

When & Why Would You Assign IP Rights?

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:

  • When you have had a graphic designer develop a new logo for your business
  • Having someone external to your business develop a new app or code for your website
  • A marketing team developing a new jingle or catch-phrase for you

Ensuring A Proper Assignment Of Rights

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:

  • Trademarks
  • Patents
  • Copyrights
  • Trade secrets and more. 

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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