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Aug 6th, 2022
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if your companys like most companies fortunately most of your IP activity is going to be licensing not litigation thats a good thing what is licensing well a license is essentially an agreement between the licensed or the owner of Technology and the licensee the company that wants to use that technology so they enter into an agreement whereby the licensee gets the rights to use the technology and the license or gets something maybe money maybe something else in a technology context licensing really involves business considerations technical considerations and of course legal considerations and you really want to make sure at the very beginning you know what success looks like in all three fronts know what your objectives are when youre licensing one thing to keep in mind its very important flexibility flexibility flexibility the hallmark of licensing is flexibility there is so much you can do to change the deal that you can almost always find some kind of a solution that works bot

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The only way to transfer the IP to the company is for the founder to sign and deliver an assignment of intellectual property rights to the company. This could be done at the founding of the new company by having the founder transfer ownership of the IP in exchange for her initial equity in the company.
The general rule is that when an employee creates a work (that is, a thing capable of copyright protection such as a song, a document, a photo, artwork, or source code to name a few), the employer, rather than the employee, will own the copyright in that work if the employee authored it in the course of their
Your IP clause should: provide a broad definition of IP so that your rights are not limited; cover all kinds of IP, whether or not they are registered; protect violations of your IP rights in other jurisdictions; provide certainty as to protect all products developed by your business; and. secure your company branding.
Often, strict provisions will stipulate that all intellectual property created by an employee during their tenure, regardless of the specific circumstances, become the property of the employer.
It is the general rule that an employee retains ownership and patent rights of whatever she invents during her employment, even if she conceived it or reduced it to practice in the course of her employment, and even if her invention relates to company business.
The rights to intellectual property may be bought and sold using binding contracts. There is typically a trail of documentation to help establish who owns the IP. IP rights can also be established during the creating of the work.
Typically, employers are entitled to all intellectual property created at/for their business, unless there exists a contract stating otherwise.
The general rule is that, in the absence of an agreement to the contrary, an employer is entitled to a nonexclusive license to use an invention devised by an employee while he or she was working for the employer. In the context of patents, the foregoing rule is referred to as the shopright doctrine.

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