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Assignment Of Intellectual Property Rights Template for Austria

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Key Requirements PROMPT example:

Assignment Of Intellectual Property Rights

"I need an Assignment of Intellectual Property Rights agreement under Austrian law for transferring a portfolio of software patents and associated source code from our tech startup to a large multinational corporation, with completion planned for March 2025."

Document background
The Assignment Of Intellectual Property Rights agreement is a crucial legal instrument used in Austria when transferring ownership of intellectual property from one party to another. This document is typically required in scenarios such as company acquisitions, employee inventions, technology transfers, or settlement of IP disputes. It must comply with Austrian legal requirements, including the Civil Code (ABGB) and specific IP legislation. The agreement covers various types of intellectual property including patents, trademarks, copyrights, and design rights, and can be customized based on the specific IP being transferred. It includes detailed descriptions of the IP, warranties of ownership, consideration for the transfer, and provisions for registration with relevant authorities. The document is particularly important in ensuring clean chain of title for IP assets and providing legal certainty for both assignor and assignee under Austrian law.
Suggested Sections

1. Parties: Identification of the Assignor and Assignee, including full legal names, registration details, and addresses

2. Background: Context of the assignment, relationship between parties, and brief description of the IP rights being transferred

3. Definitions: Definitions of key terms used throughout the agreement, including specific IP-related terminology

4. Subject Matter of Assignment: Detailed description of the intellectual property rights being assigned

5. Assignment: Express provisions transferring all right, title, and interest in the IP from Assignor to Assignee

6. Consideration: Details of the payment or other consideration for the assignment

7. Warranties and Representations: Assignor's warranties regarding ownership, right to assign, and absence of encumbrances

8. Further Assurance: Obligations to execute additional documents and assist with IP right transfers

9. Effective Date and Completion: When the assignment takes effect and any completion requirements

10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Moral Rights: For copyright works, provisions regarding moral rights where applicable

2. Tax Provisions: Specific tax-related provisions when the assignment has significant tax implications

3. Confidentiality: Provisions for maintaining confidentiality of the IP and transaction details

4. Employee/Contractor Obligations: Where IP was created by employees/contractors, provisions ensuring proper chain of title

5. Registration and Recordal: Specific provisions for recording the assignment with relevant IP offices

6. Indemnification: Additional indemnification provisions for specific risks or concerns

7. Prior Agreements: Provisions addressing existing licenses or agreements affecting the IP

8. Survival: Specification of which provisions survive completion of the assignment

Suggested Schedules

1. Schedule 1 - Intellectual Property Rights: Detailed inventory of all IP being assigned, including registration numbers

2. Schedule 2 - Existing Licenses: List of existing licenses or encumbrances affecting the IP

3. Schedule 3 - Assignment Forms: Specific forms required for recording the assignment with IP offices

4. Schedule 4 - Prior Agreements: Copies or details of relevant prior agreements affecting the IP

5. Appendix A - IP Documentation: Copies of registration certificates and other IP documentation

6. Appendix B - Chain of Title: Documentation showing chain of title where relevant

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions










































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Relevant Industries

Technology

Software Development

Pharmaceuticals

Biotechnology

Manufacturing

Research and Development

Creative Industries

Media and Entertainment

Engineering

Healthcare

Education

Consumer Goods

Industrial Design

Professional Services

Telecommunications

Relevant Teams

Legal

Intellectual Property

Research and Development

Innovation

Compliance

Business Development

Technology Transfer

Corporate Development

Product Development

Licensing

Patents

Regulatory Affairs

Relevant Roles

Legal Counsel

Intellectual Property Attorney

Patent Attorney

Research Director

Chief Technology Officer

Innovation Manager

R&D Manager

Technology Transfer Officer

Business Development Manager

Compliance Officer

General Counsel

Contract Manager

IP Portfolio Manager

Chief Executive Officer

Chief Legal Officer

Technology Licensing Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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