If you wish to transfer ownership of this intellectual property from your independent contractor to your company, you must spell out this intention in the contract you use to bind the contractor. The common clause on intellectual property, used in most types of agreements, makes it clear that each party retains ownership of its intellectual property; that is, unless otherwise provided in the agreement, the agreement infringes the ownership of their intellectual property. The contractor agreement may also contain an IP clause in which the contractor transfers ownership of the IP it has produced to your company. This clause clarifies who is the creator of the work and to whom it belongs. Ownership of the company. The Entity owns and retains all right, title and interest, including all intellectual property rights, the Service and all related technologies, including any algorithms or processes developed by the Company and any derivative products, modifications or improvements made by or for the Company, whether created or developed in connection with the Service. Intellectual property (IP) is fundamental to the success and longevity of your business. This is what helps you stand out from your competitors and can be one of your company`s most valuable assets. For this reason, you need to understand how to protect your company`s intellectual property and make sure that you own the works that were created for your business. If you (or your collaborator) wish to grant the employee the intellectual property he develops during his employment, you must indicate this in his employment contract. Please read the disclaimer under www.ipag.at/projekt/download before using IPAG model contracts.
However, the simplest way for the company to guarantee ownership of the labor product is for the contractor to assign the labor product to the labor. This is a simple ownership or assignment clause in the agreement with an independent contractor, where the contractor transfers all rights, including intellectual property rights, and waives its copyright in the work product. If you start a new job or a freelance contract, you will probably be faced with boarding papers. These documents sometimes contain a provision relating to intellectual property. Such provisions may relate only to intellectual property created in the course of employment, but they may also apply to intellectual property created outside the time of the enterprise and without the use of the enterprise`s resources. In situations where there is no contract (or where contracts on the issue of intellectual property are silent), it is generally considered that companies have an implicit license to exploit intellectual property that has been established to them by contractors. The independent contractor retains ownership of this IP, unless the company has the work assigned to it (e.g. B by means of an ACT of assignment IP). As a general rule, a contractor retains ownership of the intellectual property rights resulting from the contractual relationship, often even rights to the work performed at the request of the employer. While there are exceptions, for example. B where a contractor is specifically mandated to produce a particular work, a contractor generally gives up ownership rights in its intellectual property creations only if the contract under which it works obliges it to do so.
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