Both licensees and licensees should ensure that the consequences of the transfer of their licence are taken into account, if the transfer by the licensee or licensee is authorized and whether the transfer of the underlying patent should be controlled under the agreement. These agreements build trust and are important elements in the development of intellectual property. In this context, both types of agreements should detail each party`s responsibilities for maintaining intellectual property rights and include compensation provisions. One of these forms can be found and downloaded and supplemented with limited instructions, but an experienced lawyer could prove invaluable. Depending on how an agreement is written and the legal jargon used, a poorly written agreement could end up costing you the rights to your hard-earned property. A lawyer can ensure that all expectations and responsibilities are defined so that all relevant terms are understood and agreed without leaving room for speculation. Licensees should also deal with a change in the taker`s corporate control, which could result in a result similar to that of a licensing. When the purchaser`s shares are sold to a competitor, the competitor has indirect access to the computer program. If this scenario is not desired, a “change of control” should be added to the license agreement. The licensee does not cede its rights or obligations arising from this agreement or any of the intellectual property rights granted under this agreement without prior written notification to the taker. The court considered this decision in the recent U.S.
decision to Au New Haven LLC v. YKK Corporation (US District Court SDNY, September 28, 2016) (Huttipp an Finnegan). The Tribunal rejected YKK`s arguments and found that the clause did not prevent the assignment of the underlying patent or invalidate the assignment of the patent, since the clause prohibiting only the assignment of the agreement and any interest in the agreement and the assignment of the patent itself did not explicitly mention the assignment of the patent itself. Unless the licensing agreement indicates that the licence is “personal” or that a clause is contained in the agreement limiting the right of one party to cede rights and obligations under the licence, one party is free under Canadian law to cede its rights to the agreement, but cannot relinquish its obligations without the consent of the other party. A transfer agreement is a contractual agreement that transfers or transfers intellectual property (IP) rights from one person or entity to another. This type of agreement is used to transfer rights to intangible goods, such as trademarks. B, patents, copyrights, trade secrets, trade names.