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IP Agreement

Experienced Corporate and Transactional IP Lawyers

We prepare, negotiate and advise on all types of intellectual property agreements, including assignments, licences, non-disclosure agreements and joint ownership agreements.

Our team has significant experience with corporate and transactional IP, including experience acting as IP counsel for businesses on a number of sizeable commercial transactions as well as for businesses in employment or independent contractor relationships.

IP Assignments and Licences

We draft suitable assignments of intellectual property rights and waivers of moral rights for businesses to use with their employees or contractors. Where intellectual property has already been created by employees, contractors, or in other circumstances, without any agreement, we can determine who owns the IP and, if needed, draft suitable documentation for transferring the intellectual property rights to the company.

If there is an existing written or oral agreement in place, we can advise on the adequacy of protection provided by such agreement and, if appropriate, recommend supplementary documentation or remedial action to address any defects.

We also draft assignments and licences for all types of intellectual property rights as part of commercial transactions such as purchases or sales whether between independent parties or related companies.

In each of the above instances, where required or advisable, we can record executed copies of the assignments or licences with the applicable intellectual property offices.

Joint Ownership Agreements

Where intellectual property is created jointly, we can prepare joint ownership agreements to set out the respective rights and obligations of the parties.

Non-Disclosure Agreements

We can provide confidentiality and non-disclosure agreements for all types of circumstances, including disclosing confidential technical information such as an unpublished patent application in preliminary discussions as to whether to enter into a business arrangement with another party such as a service provider or investor.

IP Due Diligence

If you are involved in a commercial transaction, we can provide due diligence on the owned and licensed intellectual property assets of the acquisition target. Alternatively, we can act for the target in identifying and preparing the pertinent details of its owned and licensed intellectual property for the potential acquirer.

IP Audit

In preparation for an acquisition, we can provide an IP audit to create an inventory of your intellectual property and make recommendations on further steps to enhance its value and to address risks. An audit will address whether you own certain IP, whether you have sufficient rights to use the IP that you do not own, and whether adequate steps are being taken to protect the IP created by your employees or independent contractors. Audits are a useful diagnostic tool that allow you to proactively address potential risks and enhance business value on your own schedule.

Our intellectual property transactional services include:

Preparing and recording assignments and licences of all types of IP rights

Preparing confidentiality and non-disclosure agreements

Preparing assignments of intellectual property and waivers of moral rights for use with employees or contractors

Advising on ownership of intellectual property where intellectual property has been created by employees or contractors with or without an applicable agreement

Preparing joint ownership agreements

Reviewing and advising on any existing agreement or contract

Identifying a company’s IP assets and opportunities to increase their value as well as deficiencies and risks

Identifying a company’s owned and licensed IP assets for a potential acquisition

Reviewing and assessing the quantity and quality of IP assets owned by or licensed to an acquisition target