Intellectual property (IP) law plays an important role in a company's growth by protecting innovations, technologies, brands and other intangible assets from competitors. Companies can commercialize their IP through registration of exclusive rights and their transfer under various agreements. There are several basic types of agreements related to intellectual property.

  • License agreements: an IP owner (licensor) grants another company or person (licensee) the right to use its patents, copyrights, trademarks or other IP in exchange for a fee or consideration.
  • Alienation agreements: an IP owner can transfer its rights to patents, copyrights or other IP to another company or person.
  • Franchise agreements: a franchise system involves transferring the right to use the brand, technology and business model to the franchisee in exchange for a certain fee.

These are just some of the main types of intellectual property related agreements. Each has its own characteristics and requires careful consideration when concluding. A well-drafted agreement helps to settle the rights and obligations of the parties and prevents possible disputes and conflicts in the future. It is a guarantor of protection of interests of both the right holder and the person using the intellectual property.

Important details for drafting an intellectual property agreement

Drafting an intellectual property (IP) agreement requires attention to many nuances to ensure that the parties' interests are protected and rights and obligations are clearly defined. The following will highlight a few important aspects to consider when drafting such an agreement.

  1. The agreement must contain a clear and detailed description of the subject matter of the agreement. The visual, technical, and content of the site should be described in detail. Depending on the type of IP object, the detail of the description of a particular part may vary.
  2. It is necessary to identify and designate what specific rights are being transferred from one party to the other. The following points are particularly important for the license agreements: the fixed scope of rights that the right holder intends to retain and specifying whether the transfer of rights is exclusive or non-exclusive.
  3. The main part of the agreement should specify the terms of use: restrictions on the time and territory of IP use, the possibility of making changes in the use according to the agreement of the parties, the amount of royalties and remuneration, determination of the amount and terms of royalty payments (if applicable), specification of what costs and expenses can be compensated.

It is important to include a section with warranties and liability. This part usually sets forth the parties' representations to enforce the rights of third parties, as well as determining liability for breach of such representations and possible penalties.

The most important part of the agreement is confidentiality clauses. This part sets out the definition of disclosure conditions and security measures.

The conclusion most often stipulates the conditions and grounds for termination of the agreement, as well as the rules for the return of rights and data in case of termination of cooperation.

For a more productive resolution of conflict situations, it is recommended to establish several dispute resolution mechanisms (mediation, arbitration, litigation). In this context, it is important to provide for the applicable law and jurisdiction. Such condition should specify the applicable law and jurisdiction in case legal issues arise.

Our services

Our company provides a full range of services for the preparation and support of intellectual property agreements. We guarantee professionalism and prompt performance of all the works.

The agreements we can help you draft:

  • License Agreement;
  • Alienation of Rights Agreement;
  • Author's Commissioning Agreement;
  • Franchise Agreement.

Our advantages

We have extensive experience in the preparation of intellectual property agreements, which allows us to guarantee high quality services. Our team consists of experienced lawyers and patent attorneys, which allows us to promptly solve the most complex problems. We are ready to offer flexible terms of cooperation and individual approach to each client.