For trademarks: a transfer is a transfer of ownership of a trademark application or trademark registration from one entity to another. When describing the rights to be granted, be as clear and precise as possible. The transfer of ownership may not be effective if the description is incorrect or clear enough. If you have any uncertainties, please seek legal advice. The transfer of intellectual property rights determines the transfer of ownership between the seller and the purchaser of a company`s intellectual property. If you want to transfer intellectual property rights in the context of a working relationship, for example. B of an employee or an advisor to the company for which you work, corresponding clauses are included in our employment contract and consulting contract. If you have already used these documents, you may not need a separate transfer of intellectual property rights. If you are unsure, we advise you to seek legal advice before proceeding. The transfer of intellectual property rights allows the seller to be paid for intellectual property rights and the buyer is free to market (or „value“ intellectual property) for any use. Intellectual property includes patents, trademarks, designs, copyrights, business and property rights, as well as rights of know-how and confidential information (also extended to trade secrets). An intellectual property transfer agreement guarantees investors that the founders have legally transferred the intellectual property necessary for management to the company. As far as copyright is concerned: an assignment is a transfer of the economic rights of the copyright holder.
Unlike copyright, moral rights must not be sold or transferred to another person (moral rights are the right to be identified as the author of the work or to object to derogatory treatment or falsification or mutilation of the work in order to protect the personality and reputation of the authors). The transfer of intellectual property is a transfer of an owner`s rights, property and interest in certain intellectual property rights. The ceding party („beneficiary of the transfer“) transfers ownership of its intellectual property rights to the recipient party („ceding“), such as patents, trademarks, industrial designs and copyrights. The holder of intellectual property rights may transfer all or part of his rights – for example. B, the copyright holder was only able to cede part of its economic privileges. Intellectual property rights are transferred with a lump sum or royalty payment. Intellectual property rights are a valuable intangible asset and an integral part of the brand`s identity. It is therefore important for a company and its stakeholders to make a clear assessment of the ownership of intellectual property rights. Intellectual property rights may include patents, trademarks, designs, domain names and (for a software company) source code and documentation via software. Unlike licensing agreements which, under certain conditions, allow the use of intellectual property, divestitures are generally transfers of property rights, with no conditions under which rights are used.