The Intellectual Property Ownership Agreement is a crucial legal instrument used in Indonesia when transferring ownership of various intellectual property rights between parties. This document is essential in situations involving company acquisitions, technology transfers, startup investments, or employee-created IP assignments. It must comply with Indonesian IP laws, including specific provisions for different types of IP rights such as patents (Law No. 13 of 2016), copyrights (Law No. 28 of 2014), trademarks (Law No. 20 of 2016), and trade secrets (Law No. 30 of 2000). The agreement includes comprehensive details about the IP being transferred, payment terms, representations and warranties, and obligations of all parties involved. It's particularly important in protecting the interests of both transferor and transferee while ensuring proper documentation for IP offices and regulatory compliance.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the IP transfer
3. Definitions: Detailed definitions of key terms, including different types of IP rights, territories, and technical terms
4. Ownership and Assignment: Clear statement of IP ownership transfer, including present and future rights
5. Scope of Intellectual Property: Detailed description of all IP being transferred, including registrations and applications
6. Representations and Warranties: Warranties regarding ownership, right to transfer, non-infringement, and validity of IP
7. Transfer Price and Payment: Consideration for the IP transfer and payment terms
8. Moral Rights: Treatment of moral rights as required under Indonesian copyright law
9. Cooperation and Further Assurance: Obligations to assist with IP registration, transfer procedures, and documentation
10. Confidentiality: Protection of confidential information related to the IP
11. Term and Termination: Duration of agreement and termination provisions
12. Governing Law and Jurisdiction: Specification of Indonesian law and jurisdiction
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Employee/Contractor Obligations: Used when IP is created by employees or contractors, including specific obligations and acknowledgments
2. International Protection: Include when IP protection is needed in multiple jurisdictions
3. Revenue Sharing: Used when the transfer includes ongoing revenue sharing arrangements
4. Technology Transfer: Include when physical transfer of technology or know-how is required
5. Competition Law Compliance: Required when transfer might impact market competition
6. Tax Provisions: Include specific tax treatment of IP transfer when significant tax implications exist
7. Training and Support: Used when ongoing technical support or training is part of the transfer
1. Schedule 1 - Registered IP Rights: List of all registered patents, trademarks, and designs with registration numbers
2. Schedule 2 - Unregistered IP Rights: Detailed description of copyright works, trade secrets, and know-how
3. Schedule 3 - Pending Applications: List of all pending IP applications and their status
4. Schedule 4 - Transfer Documentation: Forms and documents required for recording the transfer with IP offices
5. Schedule 5 - Payment Schedule: Detailed payment terms and installments if applicable
6. Appendix A - Technical Documentation: Technical specifications and documentation related to the IP
7. Appendix B - IP Usage Guidelines: Guidelines for proper use and protection of the transferred IP
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