Intellectual Property. 11.1 Ownership. Customer acknowledges and agrees that Nextlane shall have sole and exclusive ownership of all Intellectual Property Right, title and interest in and to the Software Product, Releases and Upgrades, technical Documentation, and anything developed by Nextlane and delivered to the Customer under the Agreement, such as Customizations, including all derivations, modifications and enhancements thereto and creation of work derived from this items even if such changes, developments or improvements have been requested or suggested by the Customer. This Agreement does not provide Customer with title or ownership on Intellectual Property Rights. 11.2 Nextlane represents and warrants that it has the right to grant the license stated in Section 4.1 and that, to the best of its knowledge, the Software Product does not infringe the intellectual property rights of any third party. 11.3 Indemnification. Nextlane shall defend, indemnify and hold the Customer harmless from Claim of Infringement, and will pay all damages or reasonable costs related to the settlement of such action or finally awarded against the Customer as a result of such action, provided Nextlane (i) is timely notified in writing of any such action, (ii) obtains full authority, information and assistance from the Customer to defend such claim, and (iii) obtains sole control of the defense of such claim and of all negotiations for the settlement thereof if Nextlane requests so.

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Intellectual Property. 4.1. The designs, cutting dies, negatives, plates, printing rollers, moulding equipment, films and digital data created by PAWI shall wholly remain its property, subject to special agreements, even if the customer contributed financially to their creation. 4.2. All plans, drawings, sketches, and other property of the customer are stored by PAWI at the risk of the customer. 4.3. The storage of materials, as described in 4.1. and 4.2., shall end two years after their last use. After expiry of this period, PAWI has the right to destroy these materials.

Intellectual Property. 9.1 FREE NOW grants to the User a simple, revocable, non-transferrable and non-exclusive usage right for the usage of the Application, inasmuch as it is necessary for the use of the Application in the context of this Agreement. This usage right of the User is, however, exclusively limited to use for own purposes. A further commercial use or other exploitation of FREE NOW services or contents is not permissible. 9.2 The User is prohibited from duplicating the Application, website or any other element of the FREE NOW Platform, be it entirely or partially, and from renting it, leasing it or selling it, or processing it or otherwise modifying it, or from sub-licensing it. The User is furthermore prohibited from decompiling, disassembling or reverse engineering (“Reverse Engineering”) the Application.

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Intellectual Property: Everything you need to know

Intellectual Property (IP) is any product, work, or invention from human creativity, such as artistic works, symbols, designs, and images used in business. Intellectual Property is protected by the law in many forms.
Patents, trademarks, and copyrights enable individuals to gain recognition along with financial benefits from their creations. The IP system aims to create a balance between the interests of innovators and the public to create an environment where innovations can prosper.
Intellectual property rights are the rights given to the creators for their innovation. These rights remain exclusive for a certain period. When someone creates anything unique, the creator can claim ownership of their work with these rights. The owner of this content/product will have complete control over its usage.

Types of intellectual property rights
Intellectual Property on the Balance Sheet
Example of Intellectual Property in Film

Types of intellectual property rights

There are several types of Intellectual property rights. Some of them are:

Copyrights

The creativity of artists and writers like films, books, paintings, songs, and so on is guarded by these copyrights. This protection will live on for another 50 years, even after the death of the creator.

Copyrights secure the creator's works of authorship along with their rights to distribution, performance, public display, reproduction, and so on. The owners of these rights can deploy their works in the free market as property rights. The exclusive right to distribution that is provided by copyrights is particularly significant in the film industry.

In the filmmaking process, the distribution deals aid the finances of production by selling the right to distribute their movie. The distributors purchase these rights with an agreement to pay after the film is made.

This agreement is used to secure loans that help produce the movie. After the film is completed, an amount from distributors is used to pay these loans. Without copyrights, the producer will not have anything to offer the distributors, and thus, the film suffers financially. Copyrights also help the music and sound system that appear in movies. It ensures all the artists involved will be rewarded with fame and money for their hard work.

Trademarks

To distinguish the goods from different enterprises, trademarks are used. Trademarks are words, phrases, symbols or designs that distinguish the source of goods from another. Typically businesses trademark names, logos, or company taglines. For example, Tiffany & Co. has trademarked the color Tiffany Blue to be used on their promotional materials. Coca-cola has even trademarked the shape of their bottles.

We can also see these trademarks in the introduction of films specifying that the product is the work of a particular artist or director. Many famous movies such as Harry Potter, James Bond, and Lord of rings use trademarks to protect their titles and characters.

By featuring a reputed brand in the films, the producer can cash its popularity and increases relatability with the audience. Many movies and TV show characters are recognizable by a particular brand name. For example, The Yakult brand gains its popularity among many youngsters from the film To All The Boys I've Loved Before when Peret shows love for Lara Jean by bringing her favorite Yakult's.

Additionally, by marketing trademark-protected products, such as Yakult in our example, the producers can acquire another source of the avenue from these brands to build the finances of the film.

Patents

A patent is a special right granted to the creator, who will have complete rights over the content and can control who and if their content can be used or not. The patent owner will publish the technical data about the invention online in exchange for this right.

The patented technologies enhanced the film industry by providing a foundation on which the advertisements, along with the viewer's satisfaction, are based. For example, the implementation of Dolby Surround Sound in the year 1980 allowed the music composers and directors to develop rich sonic tapestries.

Trade Secrets

A trade secret is any confidential corporate information that gives any business a competitive advantage. Trade secrets can be as straightforward as Coca-Cola’s secret formula to distribution methods from Amazon. Other forms of trade secrets include: ad strategies, sales methods, lists of consumers, lists of vendors, production processes, and algorithms.

Trade secrets must be designated before they can be leaked, a person cannot state that they have a trade secret. Corporations typically use nondisclosure agreements or specifically state trade secrets in contracts when dealing with internal employees or partner companies.

Franchises

A franchise is a license that an individual, party, or company (franchisee) purchases that allows them to use another company’s (franchisor) name, trademark, processes, and company processes.

The franchisee is typically an entrepreneur who operates a store or franchise under the franchisor's name. The franchisor is typically paid an upfront fee as well as ongoing licensing fees. McDonald’s Corporation is a famous example of a franchise business.

Intellectual Property on the Balance Sheet

Many types of intellectual property are not listed on the balance sheet since it isn’t clear what the value of each asset is. Sometimes intangible assets such as patents are listed as property since they have an expiration date. These assets also have a value that is decreased over time by amortization.

Example of Intellectual Property in Film

Intellectual Property rights play the most critical role in the film industry when it comes to securing funds. The producer has to maintain clear documentation of all the IP rights to prevent problems in the sales of the film. The agreements with the scriptwriter, actors, and directors will enhance the financial requirements of the movie. Based on the jurisdiction, the director can also be identified as the joint owner, author, or story writer of the film.

Similarly, the producer has to negotiate an agreement with the actors. The legal status of the actors differs in countries. Some countries offer the actors related rights, whereas other countries hire actors to work as employees on the sets. Once the film is ready to be released and open for public viewing, the significance of IP rights is highlighted again.

To secure financing for a movie, Intellectual property rights play a crucial role. In a nutshell, IP rights are the most valuable asset to filmmakers that can be secured through copyrights, patents, trademarks, and industrial properties. They must be withheld despite challenges, as movie components like songs, scripts, and characters work, face the issue of ownership.

More Samples of Intellectual Property

Intellectual Property. “Intellectual Property” means any intellectual property, including but not limited to copyrights, patents, trade secrets, trademarks, software, firmware or other intellectual property rights associated with any ideas, concepts, know-how, techniques, processes, reports, or works of authorship owned, developed or created, and enhancements, improvements or derivatives thereof. Unless the Parties have otherwise agreed in writing, a Party’s Intellectual Property shall be and remain the property of that Party. To the extent any Intellectual Property of a Party is incorporated into or necessary for the performance of any Work provided, that Party grants the other Party a non-exclusive, non-transferrable, non-sub- licensable, revocable, royalty-free, right and license to use such Intellectual Property incorporated into the work solely for the purpose of performing or using such work, as applicable. Except as expressly stated herein, neither Party shall have any right or license to use, directly or indirectly, any of the other’s Intellectual Property. Any improvement or enhancements to a Party’s existing Intellectual Property shall belong to such Party.

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Intellectual Property. 11.1 As between Axolabs and Customer, except as otherwise expressly agreed in writing by the parties: a) All Intellectual Property Rights relating to the Goods and Services, or arising as a restulf of Axolabs providing the Goods and Services, including any modifications or improvements of such Intellectual Property Rights, are the exclusive property of, or licensed to, Axolabs; b) notwithstanding the foregoing, Customer shall be the exclusive owner of (i) the Customer Materials, and (ii) any data and Reports generated by Axolabs as a direct result of use of the Customer Materials. 11.2 Customer shall not, by virtue of any work performed under the Agreement, obtain any license or other rights in any methods, materials, equipment and related Intellectual Property Rights owned or controlled by Axolabs (or modifications or improvements thereof) used to manufacture or supply the Goods and Services. 11.3 Nothwithstanding the foregoing Clause 11.1, Customer understands and agrees that, unless Axolabs otherwise expressly agrees in writing, Services are provided on a non-exclusive basis and Axolabs reserves the right to perform similar or identical Services for any third party. 11.4 Axolabs agrees to defend, indemnify and hold harmless Customer, its officers, directors, agents and employees against and with respect to all third-party claims, lawsuits, liabilities, losses, costs and expenses, including reasonable attorneys’ fees, brought against, suffered or incurred by Customer alleging that any non-custom Goods purchased by Customer directly infringe any valid patent that has been issued as of the date of the Agreement, any copyright, design or any trademark, or misappropriate the trade secrets of any third party. Customer hereby agrees to defend, indemnify and hold harmless Axolabs, its officers, directors, agents and employees from and against any third-party claims, lawsuits, liabilities, losses, costs and expenses, including reasonable attorneys’ fees, brought against, suffered or incurred by Axolabs alleging that any acts or omissions of Customer, including without limitation any use or misuse of the Goods, Customer Materials, or Services by Customer: (a) have caused injury to any persons or property; (b) have violated any applicable law, including without limitation with respect to export, health and safety; or (c) have, subject to Axolabs’ obligations set forth immediately above, infringed upon the Intellectual Property Rights of any third party. 11.5 To th...

Intellectual Property. (1) wherever SIM warrants that the delivery item is free from industrial property rights or copyrights of third parties. Each contracting party shall immediately notify the other contracting party in writing if claims are asserted against it due to the infringement of such rights. (2) In the event that the delivery item infringes an industrial property right or copyright of a third party, wherever SIM shall, at its option and at its expense, modify or replace the delivery item in such a way that no rights of third parties are infringed any more, but the delivery item continues to fulfill the contractually agreed functions, or procure the right of use for the Customer by concluding a licence agreement with the third party. If wherever SIM does not succeed in doing so within a reasonable period of time, the customer is entitled to withdraw from the contract or to reduce the purchase price appropriately. Any claims for damage from the customer are subject to the limitations of these General Terms and Conditions. (3) In case of infringements of rights by products of other manufacturers delivered by wherever SIM, wherever SIM shall, at its discretion, assert its claims against the manufacturers and suppliers for the account of the customer or assign them to the customer. In such cases, claims against wherever SIM shall only exist if the judicial enforcement of the aforementioned claims against the manufacturers and suppliers was unsuccessful or is futile, e.g. due to insolvency. (4) Die gegenseitige Nutzung von Marken und Logos für Marketing- und PR-Zwecke ist zu lässig. Essentiell ist dabei die Kenntlich- machung, dass der Endkunde der werbenden Partei keine Vertragsbeziehung mit der anderen Partei eingeht. Sowohl wherever SIM als auch der Kunde können dieser Nutzung jederzeit widersprechen.

Intellectual Property. 11.1 Questionmark shall retain ownership of all proprietary rights to any Customised Service Configuration developed, including certain rights, if any, that Questionmark has pursuant to a license from another party. 11.2 Upon full payment of the applicable Fees, Questionmark shall grant to the Customer a non-exclusive licence to use such Customised kundenspezifischen Servicekonfiguration entsprechend der Service-Konfiguration erteilen. 11.3 Questionmark ist Inhaberin, Lizenzgeberin oder Unterlizenzgeberin verschiedener bestehender Entwicklungs-Tools, Routinen, Unterroutinen und/oder sonstiger Programme, Daten und Materialien, die Questionmark im Rahmen der Entwicklung der kundenspezifischen Servicekonfiguration einsetzen kann oder implementiert („Hintergrundtechnologie“.) 11.4 Questionmark behält alle Rechte, Eigentums- und Nutzungsansprüche hinsichtlich der Hintergrundtechnologie und gewährt dem Kunden hiermit eine nicht-exklusive Lizenz zur Nutzung der Hintergrundtechnologie nur insoweit als dies für die Nutzung der kundenspezifischen Servicekonfiguration und dem OnDemand-Service während der Laufzeit gemäß der Bedingungen dieses Vertrages und dem betreffenden Auftrag erforderlich ist.

Intellectual Property. 11.1 Schutzrechte im Sinne dieser AEB Automotive sind (i) angemeldete, erteilte bzw. eingetragene Patente, Marken, Gebrauchsmuster, Designs als auch Halbleitererzeugnisse, (ii) Know-how (sind durch Erfahrungen und Versuche erworbene Erkenntnisse, die geheim, wesentlich und beschrieben sind) und (iii) Urheberrechte sowie verwandte Schutzrechte. 11.1 Intellectual Property within the meaning of these Automotive GTCP includes (i) rights in patents, marks, utility models, designs and semiconductor products that have been applied for, granted or registered, (ii) know-how (knowledge acquired through experience and experimentation that is confidential, material and described) and (iii) copyrights as well as related proprietary rights. 11.2 Schutzrechte in oder an den Informationen und / oder Gegenständen des Käufers (wie in Ziffer 10 definiert) stehen ausschließlich dem Käufer zu. Soweit der Verkäufer für die Erbringung der geschuldeten Leistung Informationen oder Gegenstände des Käufers verwendet, gewährt ihm der Käufer ein einfaches, nicht übertragbares und nicht unterlizenzierbares Nutzungsrecht an den Informationen und Gegenständen während der Vertragslaufzeit und ausschließlich zu Zwecken dieses Vertrages. 11.2 Purchaser is the exclusive owner of the intellectual property rights in or to information and/or materials of Purchaser (as defined in Section 10 ). If Seller makes use of information or property of Purchaser for the purposes of performance of its work, Purchaser will grant Seller a non-exclusive, non- transferable and non-sublicensable right to use the information and property during the term of the contract exclusively for the purposes of performance of this contract. 11.3 Die bei der käuferspezifischen Herstellung der Ware oder der Erbringung der Leistung vom Verkäufer bzw. seinen Mitarbeitern und von ihm beauftragten Dritten geschaffenen Schutzrechte („Neuschutzrechte“) stehen ausschließlich dem Käufer zu und werden – außer im Falle der Ziffer 11.4 - vom Verkäufer vollumfänglich auf den Käufer übertragen. Bei nicht käuferspezifischer Herstellung erhält der Käufer lediglich nicht- ausschließliche Nutzungsrechte an den Schutzrechten im ansonsten gleichen Umfang wie bei den ausschließlichen Nutzungsrechten. 11.3 Intellectual property resulting from the purchaser-specific production of goods or performance of services by Seller or its employees or third parties contracted by Seller (“new intellectual property”) will become the exclusive property of Pur...

Intellectual Property. 11.1 Supplier acknowledges that the rights to all packaging designed at the instruction of Xxxxx Xxxxxxx AG (including print data) and to the trademarks to be affixed to the same are held in full and exclusively by Xxxxx Xxxxxxx AG. 11.2 Supplier shall not make publications mentioning Xxxxx Xxxxxxx AG or its trademarks and products without the prior written consent of Xxxxx Xxxxxxx AG. 11.3 Supplier warrants and represents that the delivered goods do not infringe on any proprietary rights of third parties (e.g., trademarks, patents, and copyrights), and Supplier shall hold Xxxxx Xxxxxxx AG harmless in the event of infringement. In that case, Supplier agrees, at Xxxxx Xxxxxxx AG’s request, to become party to any legal proceeding against Xxxxx Xxxxxxx AG or to conduct the proceeding in Xxxxx Xxxxxxx AG’s stead at its own cost and/or to cover the costs and compensation resulting from the proceeding.

Intellectual Property. 12.1 Each party retains all ownership and use rights of its own intellectual property, including specialized knowledge, copyrights, trade secrets, and any other intellectual property, regardless of the applicability of legal protections, unless there is a contrary written agreement. 12.2 Limited and non-exclusive, non-transferable and non- sublicensable, commercial and non-commercial use and exploitation rights for Custom Services (including but not limited to documentation, designs, concepts, diagrams and the like) are granted to Customer (in all known and unknown types of use) upon acceptance of the work performed or completion of other services, but limited to the contractual purposes in terms of time, space and content, unless otherwise agreed in writing. Customer accepts such transfer of rights. 12.3 R-Biopharm AG grants Customer a non-exclusive, non- transferrable, non-sublicensable use right limited in time, space and content to the contracted purposes in all known and unknown types of use, for goods or services not customized for Customer, or as to materials used under license or owned by R-Biopharm AG prior to contract, such as standard material developed or used before order placement ("Source Material"), but provided such Source Material was included in the results. 12.4 Customer may not use the name of R-Biopharm AG, company logo, or trademarks of R-Biopharm AG, or its affiliated companies as a reference or for self-promotion without prior written or Textform consent. If approved, Customer undertakes to comply with R-Biopharm AG's design specifications, and to use logos in the best possible quality and comparable prominence to other logos. Distortions, color adjustments, retouching or other changes are not permitted. Consent can be revoked at any time, cannot be transferred to third parties, and expires upon termination of the contractual relationship.

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