INTELLECTUAL PROPERTY Przykładowe klauzule

INTELLECTUAL PROPERTY. 1. The Customer undertakes not to use the trademarks, trademarks or symbols of the Seller without the prior consent of the Seller.
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INTELLECTUAL PROPERTY. Upon signing the Handover Report, the Contractor shall transfer onto the Ordering Party the proprietary copyrights to the Technical documentation - including all component and related works - within the scope described in section 2 and section 3, below, respectively. With respect to works other than computer programs, the Ordering Party shall acquire the proprietary copyrights to such works in all fields of exploitation known at the time of concluding the Agreement, including (but not limited to) the fields of exploitation listed in Article 50 of the Act of 4 February 1994 on Copyright and Related Rights (hereinafter: "the Act"), in particular: the recording and multiplication of some work - production of copies of the work by a specific technique, including printing, reprography, magnetic recording and some digital technique; the trading in the original or copies, on which the work has been recorded - marketing, lending or leasing of the original or copies; the distribution of the work in a manner other than that specified in point 2), above - a public performance, exhibiting, displaying, reproducing, broadcasting and rebroadcasting, as well as making it available to the public in such a way that everyone can access it at a place and time of their choice, entering into computer memory, digitizing, combining with other works or juxtaposing with other works, and distributing the resulting whole. With respect to works constituting computer programs, including in particular with respect to the source code or component and related works, the Ordering Party shall acquire he proprietary copyright to such works in all fields of their exploitation known at the time of the conclusion of the Agreement, including (but not limited to) the fields of exploitation listed in Article 74(4) of the Act, in particular: the permanent or some temporary reproduction of some work in whole or in part, by any means and in any form, also when the reproduction is necessary to enter, display, use, transmit and store the work; translation, adaptation, alteration of the layout or any other alteration or modification of the work, the distribution, including lending or renting, of the work or a copy thereof. Upon signing the Handover Report, the Contractor transfers onto the Ordering Party the exclusive right to permit: the use, disposal, and - in the case of computer programs and databases being works - also the creation of dependable works in relation to the Technical documentation - in...
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INTELLECTUAL PROPERTY. (f) In addition to the Government's rights in data and inventions SELLER agrees that LOCKHEED MARTIN, in the performance of its prime or higher tier contract obligations, shall have an unlimited, irrevocable, paid-up, royalty-free, without any limitations in territory, right to make, have made, sell, offer for sale, use, execute, reproduce, display, perform, distribute (internally or externally) copies of, transfer computer software to the Government and the Government’s end customer, and prepare derivative works, and authorize others to do any, some or all of the foregoing, any and all, inventions, discoveries, improvements, maskworks and patents as well as any and all data, copyrights, reports, and works of authorship, conceived, developed, generated or delivered in performance of this Contract. In addition, SELLER represents and warrants that the author or authors of Works have permitted and permit LOCKHEED MARTIN to exploit and use derived works arising from the exercise of LOCKHEED MARTIN’s rights gained under the Contract in the forms of exploitation and in the scope referred to herein. (f1) [applicable for contracts not supporting US Government prime contract] SELLER agrees that LOCKHEED XXXXXX will be the owner of all patents for inventions, rights in registration for industrial designs, technology, designs, copyright protected works , mask works, technical data, computer software, business information and other information conceived, developed or otherwise generated in the performance of this Contract by or on behalf of SELLER who acquire the rights to the work from the author first and transfer them to LOCKHEED
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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. 17.1. Shall the SUPPLIER upon the execution of the CONTRACT create any work as defined in the copyright law, the PARTIES agree that the SUPPLIER hereby transfers any copyrights to the work as well as right to grant permission to perform subsidiary rights to the work, upon the payment of remuneration for the delivery (or the first delivery in case of joint ORDERS), with no limitations temporal or territorial in all exploitation fields necessary for proper utilization of the work, in particular:
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INTELLECTUAL PROPERTY. (c) In addition to the Government's rights in data and inventions SELLER agrees that LOCKHEED MARTIN, in the performance of its prime or higher tier contract obligations, shall have an unlimited, irrevocable, paid-up, royalty-free, without any limitations in territory, right to make, have made, sell, offer for sale, use, execute, reproduce, display, perform, distribute (internally or externally) copies of, transfer computer software to the Government and the Government’s end customer, and prepare derivative works, and authorize others to do any, some or all of the foregoing, any and all, inventions, discoveries, improvements, maskworks and patents as well as any and all data, copyrights, reports, and works of authorship, conceived, developed, generated or delivered in performance of this Contract. In addition, SELLER represents and warrants that the author or authors of Works have permitted and permit LOCKHEED MARTIN to exploit and use derived works arising from the exercise of LOCKHEED MARTIN’s rights gained under the Contract in the forms of exploitation and in the scope referred to herein. (c1) [applicable for contracts not supporting US Government prime contract] SELLER agrees that LOCKHEED XXXXXX will be the owner of all patents for inventions, rights in registration for industrial designs, technology, designs, copyright protected works , mask works, technical data, computer software, business information and other information conceived, developed or otherwise generated in the performance of this Contract by or on behalf of SELLER who acquire the rights to the work from the author first and transfer them to LOCKHEED MARTIN. SELLER hereby assigns and agrees to assign all right, title, and interest in the foregoing to LOCKHEED MARTIN, including without limitation all copyrights, patent rights and other intellectual property rights therein and further agrees to execute, at LOCKHEED MARTIN's request and expense, all documentation necessary to perfect title therein in LOCKHEED MARTIN. SELLER shall maintain and disclose to LOCKHEED MARTIN written records of, and otherwise provide LOCKHEED MARTIN with full access to, the subject matter covered by this clause and that all such subject matter will be deemed information of LOCKHEED MARTIN and subject to the protection provisions of the clause entitled "Information Assurance." SELLER guarantee that the authors of the results of intellectual activities shall assist LOCKHEED MARTIN, at
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INTELLECTUAL PROPERTY. 1. The Courses and the content presented in them are subject to protection foreseen in the generally applicable legal provisions and cannot be recorded by the Course Participants or third parties with the use of devices for recording sound or image.
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INTELLECTUAL PROPERTY. 13.1. FREE NOW grants a limited, royalty-free, revocable, non-transferrable and non-exclusive license to the Transport Operator, without any right to grant sub-license(s), to use the Intellectual Property Rights in the FREE NOW Platform, solely for the purpose of providing the Transportation Services. Any further commercial use or other exploitation of FREE NOW rights, services or contents is not permissible. The Transport Operator agrees and acknowledges that: (i) save as aforesaid, it has no rights and will obtain no rights in the Intellectual Property Rights (and the goodwill associated with such rights shall at all times belong and inure to FREE NOW); (ii) the Transport Operator shall not use or permit to be used by any person under its Control any of the Intellectual Property Rights without the prior written consent of FREE NOW; (iii) the Transport Operator shall not do, or omit to do, and shall not authorize any third party to do, anything which might prejudice or adversely affect the validity of any Intellectual Property Rights owned by FREE NOW or any company of its group, and, shall immediately cease to use any Intellectual Property Rights upon the termination or expiry of the Agreement; and
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INTELLECTUAL PROPERTY. 7.1 The Users recognize and accept that all rights to the Driver Application remain with FREE NOW and was only subject of a simple, revocable, non-transferrable and non-exclusive license for the usage of the Driver Application. The Users also recognize and accept that such license excludes the right to sub-license, modify, duplicate, copy, rent, translate, disseminate, decompile, disassembly, publish, transmit, distribute, perform reverse engineering, present or assign the rights to any content that appears on the website, the FREE NOW Platform or the Driver Application and through the latter.
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INTELLECTUAL PROPERTY a) Both parties retain their intellectual property rights to the goods or services provided under the contract, including but not limited to patents, trademarks, designs, copyrights, domain names, trade secrets, know-how and trade names.
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INTELLECTUAL PROPERTY. 1.The Contracting Party warrants that any materials (graphics, names, logos, images, etc.) provided by the Contracting Party to BETA-POINT for the purpose of executing the Order do not breach any third party copyrights, industrial property rights or other intellectual property rights and that the Contracting Party is entitled to use them. BETA-POINT shall not be liable for any actions or omissions of the Contracting Party in this respect.
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