123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Lawyer Suggestion Free

Profile Picture
By Author: legal resolved
Total Articles: 2
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

What is Intellectual Property Assignment Agreement (IPAA)
Intellectual Property (IP) is one of the most emerging arenas in law because of its economic exploitation. Some entities or persons may reap the benefits out of an IP on their own while some assign it to other entities or persons in consideration of royalty. The Intellectual Property Assignment Agreement facilitates the whole process by assigning the concerned IP to other through a contractual agreement. These are also known as Rights Agreements/IP Transfer Agreements.

Assignment
The term “assignment” refers to the transfer of rights vested in the owner of an IP to other entity or person. It is basically a sale and purchase of IP rights. The IP may include copyrights, patents, trademarks, industrial designs or geographical indications. The person who assigns the IP is known as the Assignor and the person to whom such IP is assigned is known as the Assignee. Assignment is different from licensing as the former facilitates the transfer of ownership of such IP for indefinite or limited time period while the latter allows the transfer of limited rights ...
... for a particular amount of time and ownership is not actually transferred.

Standard Terms & Conditions of an IPAA
• It should be in writing,
• Requirements of a valid contract to be fulfilled under the Indian Contract Act, 1872,
• Identification of the assignor and assignee,
• Definitions containing general and technical terms used throughout the contract,
• Duly mention the IP to be assigned,
• It must specify all the rights (economic and moral) and obligations assigned to the assignee,
• Mention the liability and warranty in regards to the ownership of such IP,
• Indemnification in case the IP is infringed on a third party’s rights,
• The time duration of such assignment,
• Territorial extent of the assignment,
• Governing law over such agreement and dispute resolution,
• Payment of Stamp Duty on such assignment,
• A lump-sum amount or royalty payable to the assignor,
• Attachment of the list and description of IPs to be assigned.

Important Points to Remember
• Registration of IPAA for copyright is not compulsory.
• IPAA for geographical indication is expressly prohibited by law.
• Non-Payment of Stamp Duty does not invalidate the agreement.

Statutory Law References
Sec. 2(h) of the Indian Contract Act, 1872
Sec. 2(4) and 23 of the Indian Stamp Act, 1899
Sec. 18, 19 & 19A of the Copyright Act, 1957
Sec. 69 & 70 of the Patents Act, 1970
Sec. 37 - 43 of the Trademarks Act, 1999
Sec. 24 of the Geographical Indications of Goods (Registration and Protection) Act, 1999
Sec. 30 of the Designs Act, 2000
Sec. 21-24 of the Semiconductor Integrated Circuits Layouts Design Act, 2000
Sec. 16 & 18 Plant Varieties and Farmers Rights Act, 2001

Important Do(s) and Dont(s)
• Before IPAA, it is better to conclude a Non-Disclosure Agreement in regards to the concerned IP,
• Register the IPAA with the concerned IP office with respect to the type of IP,
• For assignee, it is feasible to analyse the risks and due diligence involved in the assignment of IP so as to verify its ownership,
• Perform a valuation of the IP to be assigned in order to obtain a fair market price.
• Above all, lawyer consultation is necessary to draft the agreement so as to review the legalities.
for more details visit online legal advice

More About the Author

I am rajesh, writing articles about the legal services like child custody, divorce, family law, family court, taxation, insurance law, commercial law, and other law and legal issue related articles.

Total Views: 692Word Count: 511See All articles From Author

Add Comment

Legal Articles

1. Criminal Advocate In Hyderabad – Renuka Law Firm
Author: Renuka

2. Nova Scotia Critical Vacancies Initiatives 2026 For Express Entry Candidates
Author: Atul

3. Canada Pr For Doctors: Your Gateway To A Successful Medical Career
Author: Atul

4. Why Indian Embassy Attestation Is Required For Uae Visa Applications
Author: Devika

5. Matrimonial Law Firm In Prayagraj For Trusted Family Legal Services
Author: CBS & Partners

6. Sole Arbitrator Or Member Of An Arbitral Tribunal! Choosing The Right Structure Before Accepting Appointment
Author: Andy

7. Why Hiring A Divorce Lawyer In Chennai Can Make All The Difference In Your Separation Journey
Author: Advocate Sumathi

8. How To Convert Physical Shares To Demat In 2026: Step-by-step Guide
Author: Expertvuw Management

9. French Language Proficiency: An Advantage For Canada Pr In 2026
Author: Atul

10. How To Choose The Best Criminal Defense Lawyers In Van Nuys For Your Case ?
Author: Van Nuys Crime

11. Transforming Immigration Operations For Better Efficiency
Author: Rohit

12. Understanding The Certificate Verification Process For Dubai: A Step-by-step Guide For Expats
Author: Green line Dubai

13. How A Rhode Island Dui Attorney Can Help Protect Your License And Future
Author: Law Office of John R. Grasso

14. What You Need To Know About Rhode Island Child Molestation Charges And Your Legal Rights
Author: Law Office of John R. Grasso

15. How Product Design Engineering Companies Drive Innovation
Author: ITERATE Design and Innovation Ltd.

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: