INTELLECTUAL PROPERTY Cláusulas de Ejemplo

INTELLECTUAL PROPERTY. Notwithstanding delivery of and the passing of title in any product, nothing in these terms and conditions shall have the effect of granting or transferring to, or vesting in, Buyer any intellectual property rights in or to any products.
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INTELLECTUAL PROPERTY a) Notwithstanding any other provision of this Agreement or termination or expiration of this Agreement, Sartorius shall own all right, title, and interest in and to all Intellectual Property related to the Goods owned or controlled by Sartorius as of the Quotation date, and all Intellectual Property that is developed by Sartorius after its written confirmation of the order, provided, that it does not exclusively rely upon or materially utilize: (i) the Confidential Information of Customer; or (ii) Intellectual Property owned by Customer. Except as otherwise expressly provided herein to the contrary, these GTC do not transfer, assign, lease or license to Customer, or otherwise provide Customer with any rights or interests in or to any Intellectual Property owned by Sartorius. Procurement and maintenance of copyright or Intellectual Property related to the Goods or any other proprietary rights relating to any technology, including any Invention owned by Sartorius shall be carried out or pursued at the discretion and expense of Xxxxxxxxx. The Customer shall not use or cause or permit the use of the Goods in any manner (i) that confers on any third party any Intellectual Property in or to the Goods or (ii) that creates a contractual, legal or regulatory obligation to disclose Sartorius’s sale of the Goods to Customer. b)Should the Goods, or any part thereof, become, or in Xxxxxxxxx’s opinion be likely to become, the subject of any claim of infringement, the Customer shall permit Sartorius, at Xxxxxxxxx’s option and expense, to either (i) procure for the Customer the right to continue using the same; or (ii) replace or modify the Goods (or the affected parts or elements thereof) to render it or them non-infringing, provided that such replacement and/or modification do not materially affect the functionality or efficiency of the Goods. Sartorius’s obligations under this clause will not apply to Goods modified or used by the Customer other than in accordance with the Agreement or Sartorius’ instructions. The Customer will indemnify Xxxxxxxxx from and against all losses, damages, liability, costs and expenses incurred by Sartorius in connection with any claim arising from such modification or use.
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INTELLECTUAL PROPERTY. (a) Seller shall indemnify and hold Buyer, its subsidiaries and affiliates, their respective successors and assigns, the Customer and users of products containing the Goods or the Services, harmless from and against all liabilities, demands, claims, losses, costs, damages and expenses of any nature or kind (including court costs and legal and other professional fees) arising from or as a result of the infringement or alleged infringement of any patent, trademark, copyright, industrial design or process of manufacture for or on account of the manufacture, sale or use of the Goods or the Services, or of the products containing the Goods or the Services. Seller expressly waives any claim against Buyer that any such infringement or alleged infringement arises out of compliance with Xxxxx’x specifications. Buyer shall notify Seller of any infracción se produjo por el cumplimiento de las especificaciones del Comprador. El Comprador notificará al Vendedor de cualquier demanda presentada contra el Comprador, sus subsidiarias y afiliadas, sus respectivos cesionarios y causahabientes, el Cliente o los usuarios de productos que contengan los Bienes o los Servicios, a causa de dicha infracción o supuesta infracción y, a petición del Vendedor, dará al Vendedor el control de la defensa de tal demanda, en la medida en que el Comprador tenga la facultad para hacerlo, y le proporcionará la información y asistencia razonables en relación con la misma, a costo del Vendedor. El Comprador y otras partes indemnizadas tendrán el derecho de ser representadas por su propio abogado y participar activamente en cualquier demanda, y los costos razonables de dicha representación serán pagados por el Vendedor a la vista. (b) El Vendedor otorga al Comprador, sus subsidiarias y afiliadas, y sus respectivos cesionarios y causahabientes, y el Comprador acepta, una licencia no exclusiva, irrevocable y mundial, incluyendo el derecho de sublicenciar a otros en relación con la prestación de los Bienes o Servicios al Comprador o Cliente, respecto de: (i) patentes, diseños industriales, información técnica, know-how, procesos de fabricación y otros derechos de propiedad intelectual, que sean propiedad o controlados por el Vendedor o sus afiliadas, y que se relacionen con los Bienes o los Servicios, para realizar, encargar, reparar, reconstruir, reubicar, utilizar, vender e importar los Bienes y Servicios, y (ii) cualquier obra de autor fijada en cualquier medio tangible de expresión (incluidos lo...
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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

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. Under the General Terms and Conditions of this contract, no intellectual property rights regarding the use of payment Services or services rendered by LEMON WAY shall be transferred to the Account Holder. The Account Holder undertakes not to infringe on the rights held by LEMON WAY, and will refrain from reproducing or adapting all or part of existing and future intellectual and hardware components and accessories produced by LEMON WAY, regardless of the medium used. LEMON WAY has full ownership of all rights relating to the software used to provide payment Services. They are part of its trade secrets and confidential information, regardless of the fact that some of the components may or may not be protected under the current state of the law by intellectual property rights. If applicable, the Account Holder and its staff shall regard LEMON WAY's software and related documentation as intellectual work and will refrain from copying them, reproducing them, adapting them, distributing them free of charge or against payment, translating them into any other language or adjoining any object to them that does not comply with their specifications. LEMON WAY has full ownership of the brand "LEMON WAY". The Account Holder undertakes not to delete references to the "LEMON WAY" brand from any element provided or made available by LEMON WAY, such as software, documents or advertising banners.
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INTELLECTUAL PROPERTY. It refers to, in a declaratory but not limited manner, the packagings, designs, tridimensional designs, labels, logos, symbols, industrial secrets, confidential information (including technical confidential information), patents, brands, tridimensional brands, wrappings, know-how, copyrights and any other property commonly referred to as “Intellectual Property”, and any improvement or modification to the same, used with the goods manufactured by the Vendor.
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INTELLECTUAL PROPERTY. All intellectual property rights in or related to a Service, including trademarks, Service marks, logos and trade names used in connection with a Service, are owned by the Bank or its licensors and are protected by applicable copyright, patent, trademark, and other intellectual property laws. Except as provided herein, the Customer shall not reproduce, transmit, sell, display, distribute, hyperlink, provide access to, modify, or commercially exploit, in whole or in part, any part of a Service, without the prior consent in writing from the Bank. Additionally, the Customer will not make any public announcements (including interviews) or publish any promotional or marketing materials, publicity or press releases, customer listings, testimonials, or publicity in connection with the Accounts or the Services or the subject of these terms and conditions without obtaining the prior written approval of the Bank. 17.13 Conocimiento del Cliente. Para colaborar en la prevención de actividades de financiamiento al terrorismo y lavado de dinero, el Derecho Aplicable podrá requerir a las instituciones financieras el obtener, verificar y guardar información que identifique a cada persona que aperture una Cuenta. Lo anterior significa para el Cliente que: cuando el Cliente aperture una Cuenta, el Banco podrá solicitar el nombre del Cliente, domicilio, fecha de nacimiento (para personas físicas) y/u otra información o documentos que le permitan al Banco identificar al Cliente. El Banco también podrá solicitar y obtener determinada información sobre el Cliente por parte de terceros. A efectos de esta cláusula, en la medida permitida por el Derecho Aplicable, el concepto Cliente incluirá a cualquier Persona Autorizada o firmante en una Cuenta.
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INTELLECTUAL PROPERTY. (a) Seller shall indemnify and hold Buyer, its subsidiaries and affiliates, their respective successors and assigns, the Customer and users of products containing the Goods or the Services, harmless from and against all liabilities, demands, claims, losses, costs, damages and expenses of any nature or kind (including court costs and legal and other professional fees) arising from or as a result of the infringement or alleged infringement of any patent, trademark, copyright, industrial design or process of manufacture for or on account of the manufacture, sale or use of the Goods or the Services, or of the products containing the Goods or the Services. Seller expressly waives any claim against Buyer that any such infringement or alleged infringement arises out of compliance with Xxxxx’x specifications. Buyer shall notify Seller of any suit filed against Buyer, its subsidiaries and affiliates, their respective successors and assigns, the Customer or users of products containing the Goods or the Services, on account of any such infringement or alleged infringement and, at Seller’s request, shall give Seller control of the defense of such suit, insofar as Buyer has the authority to do so, and reasonable information and assistance in connection therewith, all at Seller’s expense. Buyer and other indemnified parties shall have the right to be represented by their own counsel and actively participate in any such suit, and the reasonable costs of such representation shall be paid by Seller on demand.
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INTELLECTUAL PROPERTY. (a) Seller shall indemnify and hold Buyer, its subsidiaries and affiliates, their respective successors and assigns, the Customer and users of products containing the Goods or the Services, harmless from and against all liabilities, demands, claims, losses, costs, damages and expenses of any nature or kind (including court costs and legal and other professional fees) arising from or as a result of the infringement or alleged infringement of any patent, trademark, copyright, industrial design or process of manufacture for or on account of the manufacture, sale or use of the Goods or the Services, or of the products containing the Goods or the Services. Seller expressly waives any claim against Buyer that any such infringement or alleged infringement arises out of compliance with Xxxxx’x specifications. Buyer shall notify Seller of any suit filed against Buyer, its subsidiaries and affiliates, their respective successors and assigns, the Customer or users of products containing the Goods or the Services, on account of any such infringement or alleged infringement and, at Seller’s request, shall give Seller control of the defense of such suit, insofar as Buyer has the authority to do so, and reasonable information and assistance in connection therewith, all at Seller’s expense. Buyer and other indemnified parties shall have the right to be represented by their own counsel and actively participate in any such suit, and the reasonable costs of such representation shall be paid by Seller on demand. (b) Seller hereby grants to Buyer, its subsidiaries and affiliates, and their respective successors and assigns, and Buyer hereby accepts, a non- exclusive, irrevocable, worldwide license, including the right to sublicense to others in connection with providing the Goods or the Services to Buyer or the Customer, under: (i) patents, industrial designs, technical information, know-how, processes of manufacture and other derechos de propiedad intelectual, que sean propiedad o controlados por el Vendedor o sus afiliadas, y que se relacionen con los Bienes o los Servicios, para realizar, encargar, reparar, reconstruir, reubicar, utilizar, vender e importar los Bienes y Servicios, y (ii) cualquier obra de autor fijada en cualquier medio tangible de expresión (incluidos los dibujos, las impresiones, los manuales y las especificaciones), hechas por el Vendedor en el curso del negocios del Vendedor en la satisfacción de la Orden de Compra, para reproducir, distribuir y exhibir...
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INTELLECTUAL PROPERTY. 14.1 The Agreement and these Terms and Conditions do not entail any grant, transfer or licensing of any Intellectual Property Rights to the Purchaser. 14.2 The Purchaser warrants to IMCD at all times and indemnifies IMCD in this respect that the use by IMCD of data, specifications or material provided by the Purchaser does not breach any statutory regulation or infringe third-party rights.
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INTELLECTUAL PROPERTY. 22.1 Intellectual Property license The SUPPLIER shall grant the Owner a non-exclusive, worldwide, transferable, irrevocable and royalty-free license (carrying the right to grant sub-licenses) to use, copy, reproduce, and modify all of the Intellectual Property related to it works under this Contract.
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