The Confirmatory Assignment Agreement is essential in Canadian intellectual property practice when there is a need to formally document a transfer of IP rights that has already taken place. This typically occurs when the original assignment was informal, verbal, or inadequately documented, or when additional documentation is required for registration purposes. The agreement is particularly important for compliance with Canadian intellectual property laws and the requirements of the Canadian Intellectual Property Office (CIPO). It contains specific details about the transferred IP, the original transfer circumstances, and includes necessary declarations and formalities required for official recordal. The document is commonly used in employment situations, corporate restructuring, or following business acquisitions where IP ownership needs to be clearly established and confirmed.
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1. Parties: Identification of the Assignor and Assignee, including full legal names and addresses
2. Background: Recitals explaining the context of the original transfer and the need for confirmatory assignment
3. Definitions: Key terms used in the agreement, including definitions of the IP being assigned and the effective date of the original transfer
4. Confirmation of Assignment: Express confirmation of the previous assignment and transfer of rights
5. Representation of Ownership: Assignor's confirmation of their right to assign the intellectual property
6. Warranties and Representations: Standard warranties regarding ownership, right to assign, and no encumbrances
7. Further Assurances: Commitment to execute additional documents necessary to perfect the assignment
8. Governing Law: Specification of Canadian law as governing law and jurisdiction
9. Execution: Signature blocks complying with Canadian formal requirements
1. Consideration: Required if there is new consideration for the confirmatory assignment
2. Confidentiality: Include if there are confidential aspects of the IP or transfer that need protection
3. Tax Provisions: Include if there are tax implications that need to be addressed
4. Power of Attorney: Include if Assignee needs authority to file documents with IP offices
5. Survival: Include if certain provisions need to survive termination
6. Assignment and Succession: Include if there are restrictions on further assignment
7. Entire Agreement: Include if need to clarify relationship with original transfer documentation
1. Schedule A - Description of Intellectual Property: Detailed description of all IP being confirmed as assigned, including registration numbers
2. Schedule B - Original Transfer Documentation: Copies or details of the original transfer or circumstances
3. Schedule C - Chain of Title: If applicable, documentation showing chain of ownership
4. Appendix 1 - Execution Requirements: Specific execution requirements for filing with CIPO or other registries
5. Appendix 2 - Required Forms: Any official forms required for recording the assignment with relevant IP offices
Relevant legal definitions
Agreement
Assignee
Assignor
Assignment Date
Confidential Information
Effective Date
Intellectual Property
Inventions
Know-How
Original Transfer
Patents
Patent Applications
Patent Rights
Prior Agreement
Related Rights
Technical Information
Trade Secrets
Trade-marks
Technology
Documentation
Improvements
Industrial Designs
Copyright Works
Business Day
Consideration
Encumbrances
Governmental Authority
Licensed Rights
Material Adverse Effect
Person
Representatives
Territory
Assignee
Assignor
Assignment Date
Confidential Information
Effective Date
Intellectual Property
Inventions
Know-How
Original Transfer
Patents
Patent Applications
Patent Rights
Prior Agreement
Related Rights
Technical Information
Trade Secrets
Trade-marks
Technology
Documentation
Improvements
Industrial Designs
Copyright Works
Business Day
Consideration
Encumbrances
Governmental Authority
Licensed Rights
Material Adverse Effect
Person
Representatives
Territory
Clauses
Parties
Background
Definitions
Confirmation of Assignment
Representation of Ownership
Warranties and Representations
Further Assurances
Consideration
Rights Transferred
Intellectual Property
Power of Attorney
Confidentiality
Tax Provisions
Assignment and Succession
Governing Law
Entire Agreement
Severability
Waiver
Amendment
Notices
Counterparts
Binding Effect
Survival
Costs
Force Majeure
Dispute Resolution
Execution
Background
Definitions
Confirmation of Assignment
Representation of Ownership
Warranties and Representations
Further Assurances
Consideration
Rights Transferred
Intellectual Property
Power of Attorney
Confidentiality
Tax Provisions
Assignment and Succession
Governing Law
Entire Agreement
Severability
Waiver
Amendment
Notices
Counterparts
Binding Effect
Survival
Costs
Force Majeure
Dispute Resolution
Execution
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Research and Development
Software Development
Media and Entertainment
Consumer Products
Industrial Design
Professional Services
Education and Research
Healthcare
Relevant Teams
Legal
Intellectual Property
Research and Development
Technology Transfer
Business Development
Corporate Affairs
Innovation
Patent Administration
Contracts Administration
Regulatory Affairs
Relevant Roles
Intellectual Property Counsel
Patent Attorney
Corporate Lawyer
Legal Counsel
IP Manager
Research Director
Chief Technology Officer
Innovation Manager
Technology Transfer Officer
Business Development Manager
Research Scientist
Inventor
Legal Administrator
Intellectual Property Paralegal
Contracts Manager
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