The Confirmatory Assignment Of Intellectual Property Rights is commonly used when there is a need to establish clear documentary evidence of IP ownership, particularly where previous transfers may have been informal or inadequately documented. Under English and Welsh law, this document serves as retrospective confirmation of an IP transfer, ensuring compliance with legal requirements and providing certainty for all parties involved. It's particularly crucial in corporate transactions, mergers and acquisitions, and situations where chain of title needs to be demonstrated for IP commercialization or enforcement purposes.
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1. Parties: Identification of assignor and assignee
2. Background: Context of the assignment and history of IP ownership
3. Definitions: Key terms used in the agreement including definitions of IP Rights being assigned
4. Assignment: Core clause transferring IP rights from assignor to assignee
5. Warranties: Assignor's guarantees regarding ownership, right to assign, and status of IP rights
6. Further Assurance: Obligation to perform additional acts necessary to perfect the assignment
7. Governing Law: Specification of England and Wales as governing law
1. Consideration: Details of payment or other consideration for the assignment
2. Indemnities: Protection against third-party claims and breaches of warranties
3. Confidentiality: Obligations regarding confidential information and trade secrets
4. Waiver: Provisions regarding waiver of moral rights where applicable
1. Schedule 1: IP Rights: Detailed list of all intellectual property rights being assigned including registration numbers and jurisdictions
2. Schedule 2: Prior Agreements: List of relevant previous agreements being confirmed by this assignment
3. Schedule 3: Excluded Rights: List of any intellectual property rights specifically excluded from the assignment
4. Schedule 4: Form of Assignment Notice: Template notices to be filed with relevant IP offices to record the assignment
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