ii. Reference agreement: the producer may grant the financier a certain right in return for the money during the IP. For example, if the producer is targeting an investment by Rupees Fifty Lakhs, he may grant the dubbing rights or distribution rights abroad in exchange for that one. Such agreements work in the same way as exclusive contracts or licenses, but are a useful way for producers to obtain funds. Whether you use a license or assignment agreement to transfer intellectual property rights, any method may apply to all types of intellectual property, including copyrights, trademarks, patents, and trade secrets. In addition to the specific conditions described above, all clauses in standard forms that find their place in other agreements must also be included in IP assignments and licenses. Some specific agreements concerning patentable issues are discussed below: 1.4.1. Option purchase agreements: These agreements are usually concluded between the author of the book and a producer. The agreement allows a buyer to subsequently benefit from an assignment or license to make film/television/digital adaptations of the book. For example, A, the author of a book, may enter into an option purchase agreement with B who wants to shoot the book. The optional purchase agreement gives B a certain amount of time for certain preparatory work, for example. B examination of the profitability of the project, obtaining funds, etc.
At the end of the option period, B may exercise the option and obtain the transfer or licence of the adaptation rights. The author will usually be offered an option fee for the period during which the exchange buyer sticks to the option. Once the option has been exercised, the parties may, as the case may be, enter into an assignment or a licence agreement. Unlike licensing agreements that grant, under certain conditions, permission to exploit intellectual property, assignments are generally transfers of property rights without conditions for the exploitation of rights. For patents: an assignment involves the sale and transfer of ownership of a patent by the assignor to the assignee. In addition to the assurances and guarantees normally contained in agreements, including in terms of capacity and performance, there are certain specific guarantees that should be included in intellectual property agreements. The assignment of intellectual property is a transfer of an owner`s rights, ownership and interest in certain intellectual property rights. The assigning party („Assignor“) transfers ownership of intellectual property rights such as patents, trademarks, industrial designs and copyrights to the party („secession“) Iii.
The agreement must also contain a clause stipulating that no rights in and to the marks are assigned or assigned on the basis of the license. ii. When the contract is terminated, any act of the franchisee with respect to the marks must be retranced for the benefit of the franchisee and the franchisee must cease to associate with the franchisee`s brands. 1.2.1. Agreements with music composers and authors: these agreements are similar to those described in points 1.1.1 and 1.1.2. The producer of the sound recording may appoint composers and writers and attempt to retain the copyright in the underlying works, as well as the sound recording he produces and owns….