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Commonly Asked Questions about Intellectual Property Assignment

An IP assignment is a transfer of ownership of an intellectual property right, such as a patent, trade mark or copyright, from one party (the assignor) to another party (the assignee). This infographic adds together the benefits, risks and the key elements of assignment agreements. Download Infographic.
An IP Contribution Agreement assigns to the company any relevant IP that you created before you joined the company or before the company had even been incorporated. An IP Assignment Agreement assigns IP created after you started working for the company.
A licence is an agreement between you as the IP right owner and another party. It grants them permission to do something that would be an infringement of the rights without the licence. IP can be licensed-out or licensed-in. You can license-out to another company in return for a fee.
The key difference between an assignment and a licence is that an assignment is a transfer of ownership and title, whereas a licence is a contractual right to do something that would otherwise be an infringement of the relevant patent rights.
Employment agreement: Companies frequently incorporate IP assignment clauses into their employment contracts. This ensures that any intellectual property created by employees during the course of their employment is automatically assigned to the company.
The key difference between a license and an assignment is that an assignment transfers rights away from the original copyright or patent holder. Whereas the licensor retains ownership of the intellectual property rights, the assignor gives up the rights entirely.
Generally, when ownership of IP is transferred, it would mean that the right to make any future transfer is also included. But in case of assignment for a fixed term, the agreement can provide for a restriction on the right of the assignee to make future transfers during the term of the agreement.