An important clause in all agreements and contracts includes the IPR clause or the intellectual property rights clause. An intellectual property rights clause in an agreement is designed to define and limit the extent to which a party (a user) may legally use or license out a person’s intellectual property rights. Intellectual property rights are not inherent; rather, they arise from a series of lawful processes, including patents, copyrights, trade secrets, and trademarks. In fact, all of these rights are considered “qualitative rights” that may be enforced against the non-licensing party.
An intellectual property rights clause in a contract helps to define who gets what in the course of the transaction. This can help to ensure that the intellectual property rights that are set forth in the contract do not violate the terms of the contract or other relevant agreements. For example, a patent can’t be legally infringed if it was issued in error, and a trademark cannot legally be violated if it wasn’t filed in the proper manner. The enforcement of these rights requires the involvement of a qualified attorney.
A good contract drafting course should include appropriate language regarding the rights to protect against the above potential errors and omissions. It is always recommended that you consult a qualified attorney before you enter into any agreement regarding the content of your contract. It is also advisable to seek advice on the enforceability of any intellectual property rights clause in a contract during the negotiation phase of the agreement.
Rahul Dev is an international speaker and a corporate trainer with expertise in various aspects of law, business and technology. His specific areas of focus include innovation management, intellectual property rights, patents, trademarks, global branding strategies, online reputation management, blockchain, cryptocurrency, artificial intelligence (AI) and machine learning. He is also a doctoral research scholar at the reputed business school in Europe, SSBM (Swiss School of Business and Management, Geneva).
A custom training program aimed at covering the basics of IP contracts includes overview of Indian Contract Act along with its implications in IP industry. Candidates will be adept in drafting of some frequently used agreements in the IPR industry.
The training modules can include, basics of contract law with introduction to contracts law which will be including relevance of contracts in overall scenarios; significance of contract law in IPR for chalking down the agreements relating to employment, independent contractor agreement, NDAs are all parts of contract law which are kept in mind while protecting the IP; drafting of IPR clause in agreements to understand the legal implications with regard to contracts, especially if they require production of a good or service that implies any form of intellectual property, like a copyright or patent; license agreement wherein it covers licensing agreement as a written contract between the owner of a brand, copyright, trademark or patent also known as the licensor and the licensee who wants to use, make or sell or services of the owner in exchange of a fee or royalty; agreement between purchaser and supplier covering vendor agreements are entered into in order to govern a variety of areas like software, marketing, consultants etc. A supplier agreement is an agreement between a supplier and a buyer for the supply and purchase of products. The supplier provides the products and the buyer purchases these products for business purpose according to the terms agreed upon under the supplier agreement.
Attorney Training for Drafting Contracts is essential to every lawyer who practices in civil and corporate laws. In order to be an attorney, one must be adept in the law and able to apply it in a court of law. It is through this training that an attorney is taught the ins and outs of a contract, such as how to draft it properly and what information should not be included within it. Attorney training also covers the more technical aspects of contract law, such as contracting terms, which are also known as “clauses”. There are many different contracts, such as a lease, purchase and sale agreement, a modification to a previously agreed upon contract, an instalment agreement, an annuity, and even a mortgage, and the laws that govern each of these vary across different jurisdictions.
In addition to contract drafting basics, attorney training also teaches important topics such as fraud, negligence and professional misconduct. One of the most important contract drafting basics that attorneys learn is in Fraud, in which they are taught the different ways in which contracts can be abused. Also taught is negligence, in which an attorney is taught how to prevent their clients from being injured or harmed in any way, as well as ways to protect their clients from fraud. Another important part of contract drafting basics is, of course, ethical principles. Any contract that is signed needs to have certain standards and ethical standards. An attorney is taught how to adhere to these ethical standards and to provide legal services only for those who need them. By providing legal services to those who can truly benefit from them, an attorney is able to help alleviate some of the problems that are associated with contract law, thus helping to make the world a better place.
Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
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