The Assignment Agreement Intellectual Property is a crucial legal instrument used in Indonesia when one party needs to transfer ownership of intellectual property rights to another. This document is commonly used in various scenarios, including company acquisitions, employee invention assignments, technology transfers, and corporate restructuring. It must comply with Indonesian IP laws and regulations, including specific requirements for registration and recordal with the Directorate General of Intellectual Property. The agreement typically includes detailed descriptions of the IP being transferred, warranties of ownership, and provisions for further actions needed to perfect the transfer under Indonesian law. It's particularly important in ensuring clear chain of title for IP assets and protecting both parties' interests in the transfer.
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1. Parties: Identification of the Assignor and Assignee, including full legal names, registration numbers, and addresses
2. Background: Context of the assignment, relationship between parties, and brief description of the IP being assigned
3. Definitions: Definitions of key terms used in the agreement, including specific IP-related terminology
4. Assignment: Core provision transferring all rights, title, and interest in the IP from Assignor to Assignee
5. Consideration: Details of payment or other consideration for the IP assignment
6. Warranties and Representations: Assignor's warranties regarding ownership, right to assign, and non-infringement of third-party rights
7. Further Assurance: Obligation to execute additional documents and assist with IP registration transfer
8. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
9. Execution: Formal execution block complying with Indonesian legal requirements
1. Employee/Contractor Obligations: Used when IP was created by employees/contractors, addressing ongoing confidentiality and non-compete obligations
2. Registration and Recordal: Include when specific steps for recording the assignment with Indonesian IP offices are required
3. Tax Provisions: Required when there are significant tax implications for the assignment
4. Moral Rights: For copyright assignments, addressing the treatment of moral rights under Indonesian law
5. Confidentiality: When assignment includes trade secrets or confidential information
6. Third Party Rights: When the IP has existing licenses or third-party obligations
7. Survival: When certain obligations need to survive the assignment
8. Language Requirements: When dual-language versions are needed, specifying the prevailing version
1. Schedule 1 - IP Description: Detailed description of all IP being assigned, including registration numbers and status
2. Schedule 2 - Payment Terms: Detailed payment structure, including any milestone payments or earning out provisions
3. Schedule 3 - Existing Licenses: List of any existing licenses or encumbrances affecting the IP
4. Schedule 4 - Required Registrations: List of specific registrations and recordals required in Indonesia
5. Appendix A - Form of Assignment Notice: Template for notices to be filed with relevant IP offices
6. Appendix B - Related Agreements: Copies of related agreements affecting the IP assignment
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