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. But IP transfer agreements can also have their advantages. If you cede the intellectual property to a third party, you are no longer responsible for the product. This means that you generally cannot be sued for problems related to your IP and that they are not responsible for maintenance costs. Intellectual property transfer is generally more appropriate when you sell your business or leave a field altogether. 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. While exclusive intellectual property licenses and intellectual property transfer agreements grant another person the exclusive exercise of that right in exchange for financial compensation, an exclusive license is much more limited than a transfer. If you assign an IP right to another person, you transfer it permanently and you had to buy it back so you could use it again. IPAG is a project of the «Universities of Austria», supported by the National Contact Point for Intellectual Property (ncp.ip) of the Federal Ministry of Science and Research (BMWF), the Federal Ministry of Economy, Family and Youth (BMWFJ), the Federal Ministry of Transport, Innovation and Technology. Austrian universities and companies have developed these models together to enable an efficient transfer of knowledge and technology.
Intellectual property (IP) can be as valuable – or even more valuable than — physical property. Many companies earn money exclusively with marketing products based on intellectual property rights. That`s why it`s so important to protect your intellectual property through patents, trademarks, copyrights and other legal devices that protect your intellectual property. There are different types of intellectual property licenses that are enshrined in a standard IP agreement. The following three are the most common: Please read the legal liability clause on www.ipag.at/projekt/download before using the IPAG model agreements. In certain circumstances, a tacit IP licence is created without the existence of a formal licensing agreement, where the conduct of the parties indicates that the IP right holder wanted to license to the other party. Courts often grant tacit licenses in cases where one party has produced, at the request of another, a copyrighted work under a contract that does not expressly confer copyright on the purchaser after the payment and conclusion of the work. As part of an intellectual property transfer agreement, you permanently transfer some or all IP rights to the agent for a certain amount. In essence, you sell the rights to a third party in the same way that you could sell physical property for a permanent transfer.
As a general rule, you waive any control, participation and rights to transferred intellectual property rights.