Intellectual property Voorbeeldclausules

Intellectual property. 16.1 In accordance with the legislation on copyright, and as long as the production right is not bought out by the client, the studies, drawings, plans, etc. remain our property and may not be used in any other way than agreed, unless subject to written authorisation. 16.2 We also retain the right to use the products created as models at trade fairs and publications. 16.3 If an order includes software or other intellectual property, the software or other intellectual property that we make available to the buyer is subject to the copyright and user licence whose terms and conditions are included in the licence agreement accompanying the software or intellectual property. 16.4 Nothing in these general terms of sale may be interpreted as gran- ting any right or licence to use software in a manner or for a purpose not expressly permitted by the licence agreement.
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Intellectual property. 7.1 Unless agreed otherwise, all rights for intellectual property designed and produced by Xxxxxx and Xxxxx belongs to Xxxxxx and Xxxxx. 7.2 Intellectual property rights will only be transferred to the client after explicit consent from Xxxxxx and Xxxxx and upon full and timely payment of all associated costs and invoices. Unless agreed otherwise, such rights are transferred solely for the client’s marketing purposes in the Netherlands and are non-transferable without Xxxxxx and Lewis’ explicit written consent 7.3 Credits related to intellectual property rights related to materials produced may not be deleted or altered by the client. 7.4 Xxxxxx and Xxxxx is entitled to display the client’s name in any advertising or work produced in corporate presentations or promotions for their own marketing purposes. 7.5 The client confirms that all materials covered by this agreement do not infringe on any third party’s intellectual property rights and will protect Xxxxxx and Xxxxx from liability.
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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: 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. Supplier shall have a policy not to use intellectual property, such as copyrights, trademarks, patents or software belonging to customers, without explicit permission. Also, Supplier will refuse to acquire commercial information by dishonest or unethical means, such as industrial espionage.
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Intellectual property. 5.1 The Contractor at all times retains all rights to plans, documents, images, drawings, software and/or the related information and “know- how” made by it. 5.2 The items referred to in the previous paragraph may not be copied in whole or in part, nor shown to third parties, handed over or made known in any other way, nor used or made available by the Client without the written permission of the Contractor and for no other purpose than for which they were provided by the Contractor.
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Intellectual property. 1 The intellectual property rights to everything which the Contractor uses and/or makes available within the scope of the fulfilment of the Agreement rest with the Contractor or its licensors. Nothing in the Agreement or these terms and conditions can lead to transfer of intellectual property rights unless otherwise expressly provided in writing. 2 The Principal is explicitly prohibited from providing everything on which the intellectual property of Contractor rests, including but not limited to computer programs, system designs, work methods, advice, (model) contracts and other products of the mind, all this in the broadest sense of the word – whether or not by using third parties – to third parties, or to reproduce, publish or exploit those products. 3 Contractor may provide to Principal a right of use where necessary on the intellectual property rights. This right of use always ends at the time when the Agreements ends, unless otherwise agreed in writing. After the end of the right of use Principal must cease and desist from using the intellectual property rights. Principal must return physically present objects of intellectual property to the Principal and delete any installed software etc. on which the right of use rests from his systems. 4 Contractor is entitled to take technical measures to protect its rights (of intellectual property) or those of its licensors. Principal is expressly prohibited from removing or evading these measures. 5 The Principal is not permitted to provide (resources of) those products to third parties other than for the purpose of obtaining an expert opinion regarding the Contractor’s Work. In that case, the Principal will impose his obligations under this article upon the third parties he calls in. 6 In the event of infringement of the provisions set out in paragraphs 2, 3, 4 and/or 5 of this Article the Principal owes to the Contractor an immediately payable penalty in the amount of € 25,000, notwithstanding the (legal) right of the Contractor to seek compensation and notwithstanding the right of Contractor to fulfil the Agreement.
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Intellectual property. 1. All (intellectual) property rights relating to XXXXX. and the LINDA. logo, which in any case includes the trademark rights, are vested exclu- sively in LINDA.. XXXXX. expressly reserves these rights. 2. The (copyright) rights relating to the format and content of all forms of expression of the LINDA. brand, including in any case but not limited to the magazine, the website and the mobile app, are vested exclusively in LINDA.. 3. Without the prior written consent of XXXXX., no part of the expressions of XXXXX. may be reproduced in whole or in part, stored in a com- puterised database or made public in any way whatsoever. 4. Without the prior written consent of XXXXX., the LINDA. brand or one of its expressions may not be used for the promotional purposes of a third party, even if this third party or the party on whose behalf it is acting advertises in XXXXX. 5. The intellectual property rights to all Services provided or made available by XXXXX. in the context of the Order remain vested in LINDA. or its licensors. To the extent necessary for the use of the Services by the Client, LINDA. grants the Client a limited, non-exclusive, non-transfer- able right to use the intellectual property rights to the Services during the term of the Order. 6. The copyright or any other intellectual property right to proposals, concepts, editorial contributions, products or other parts of its Services produced by or on behalf of XXXXX. rests with LINDA., unless it can be demonstrated that the Client's direct contribution to the development has been of essential importance. If the Client infringes LINDA.'s copyright or any other intellectual 7. The intellectual property rights to materials and data provided by the Client to LINDA. within the framework of the Advertising Contract
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Intellectual property. 1. The Contractor reserves all rights regarding products of the mind which he uses or used in the scope of the fulfilment of the Agreement with the Principal, to the extent that legal rights to those products may exist or are established. 2. The Principal is explicitly prohibited from providing those products, including but not limited to computer programs, system designs, work methods, advice, (model) contracts and other products of the mind, all this in the broadest sense of the word -whether or not by using third parties- to third parties, or to reproduce, publish or exploit those products. 3. The Principal is not permitted to provide (resources of) those products to third parties other than for the purpose of obtaining an expert opinion regarding the Contractor’s Work. In that case, the Principal will impose his obligations under this article upon the third parties he calls in.
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Intellectual property. 1. The performance of the assignment by CorpAssist shall in no circumstances imply any transfer of intellectual property rights enjoyed by CorpAssist. All intellectual property created during or arising out of the execution of the assignment shall belong exclusively to CorpAssist. 2.The Client is expressly forbidden to duplicate, disclose or exploit any products embodying intellectual property belonging to CorpAssist or products the use of which is subject to intellectual property rights which CorpAssist has acquired the right to use, including computer software, system designs, working methods, recommendations, actual or model contracts and any other intellectual products of CorpAssist, in writing or otherwise, all in the broadest sense of the word and irrespective of whether third parties are involved. 3.The Client may not make any of the products referred to in paragraph 2 available to third parties for any purpose other than that of obtaining a professional opinion concerning the activities of CorpAssist.
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Intellectual property. 10.1 All intellectual property rights with respect to the Products are held by Xxxxxxxxxx. The Customer is not allowed to duplicate, disclose or imitate the Products in whole or in part without Isopartner's prior written consent. 10.2 The Customer may only trade the Products originating from Isopartner under the trademark, including the figurative trademark, the trade name and the specifications under which the goods have been delivered to it. The Customer is not authorised to change the quality of the Products purchased from Isopartner, including labelling, prints and instructions. 10.3 The Agreement does not contain any transfer or licensing of any intellectual property rights within the framework of the Products delivered to the Customer and the accompanying documents.
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