Improvements and Derivatives Clause Samples
The "Improvements and Derivatives" clause defines how enhancements, modifications, or derivative works based on the original subject matter are treated under the agreement. Typically, this clause specifies whether such improvements or derivatives are owned by the original rights holder or the party making the changes, and may outline obligations to assign rights or notify the other party of any developments. Its core function is to clarify ownership and usage rights for any new creations that build upon the original, thereby preventing disputes and ensuring both parties understand their rights regarding future innovations.
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Improvements and Derivatives. Unless otherwise specified in the applicable Development Agreement, all improvements and further developments of the Technologies by the parties during the Joint Development Period (“Derivative Technologies”) will be owned and licensed as follows: (i) technologies developed solely by one party will be owned by that party, but shall be included as a Licensed Patent or Licensed Technical Information (as the case may be) hereunder, and (ii) technologies developed jointly by the Parties will be jointly owned by the Parties but shall be included as a Licensed Patent or Licensed Technical Information (as the case may be) hereunder. Notwithstanding the foregoing, all derivatives of a party’s Trademarks shall be owned exclusively by that party.