The Assignment Of Intellectual Property Rights Agreement is essential in South African business transactions involving the transfer of intellectual property. This document is typically used when a complete transfer of IP ownership is required, such as in company acquisitions, employee/contractor IP assignments, or technology transfers. It must comply with South African intellectual property laws, including the Patents Act 57 of 1978, Trade Marks Act 194 of 1993, and Copyright Act 98 of 1978. The agreement covers all aspects of the IP transfer, including clear identification of the IP being transferred, warranties of ownership and validity, consideration for the transfer, and obligations for registration with relevant authorities. It's particularly important in ensuring clean chain of title for IP assets and providing certainty in commercial transactions.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identifies and defines the Assignor and Assignee, including their full legal names, registration numbers (if applicable), and physical addresses
2. Background: Contextual information explaining the ownership of the IP and the intention to transfer it
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out rules for interpretation
4. Assignment: Core provision detailing the transfer of IP rights from Assignor to Assignee, including the scope and effectiveness of the transfer
5. Consideration: Specifies the payment or other consideration for the IP assignment
6. Warranties and Representations: Assignor's warranties regarding ownership, right to assign, non-infringement, and validity of the IP
7. Further Assurance: Obligation to execute additional documents and take necessary steps to perfect the assignment
8. Confidentiality: Obligations regarding confidential information related to the IP
9. Tax Implications: Addresses responsibility for any tax obligations arising from the assignment
10. Governing Law and Jurisdiction: Specifies South African law as governing law and sets jurisdiction for disputes
11. General Provisions: Standard contractual provisions including entire agreement, amendments, notices, and severability
1. Third Party Rights: Required when the IP is subject to existing licenses or third-party rights that need to be addressed
2. Moral Rights: Needed for copyright works where moral rights need to be specifically addressed
3. Competition Law Compliance: Required when the assignment might have competition law implications
4. Employee/Contractor Rights: Needed when the IP was created by employees or contractors who may have rights
5. Registration and Recordal: Required when the IP needs to be formally registered or recorded with authorities
6. Transitional Provisions: Needed when there's ongoing use or implementation of the IP that needs to be managed
7. Quality Control: Required for trademark assignments where ongoing quality control is necessary
8. Know-How Transfer: Needed when practical knowledge or trade secrets are part of the assignment
1. Schedule 1: Description of Intellectual Property: Detailed description of all IP being assigned, including registration numbers where applicable
2. Schedule 2: Existing Licenses and Encumbrances: List of all existing licenses, permissions, and encumbrances affecting the IP
3. Schedule 3: Assignment Consideration: Detailed breakdown of payment terms and consideration if complex
4. Schedule 4: Required Registrations: List of all registrations and recordals required to perfect the assignment
5. Schedule 5: Completion Requirements: List of actions and documents required to complete the assignment
6. Appendix A: Form of Recordal Applications: Templates for applications to record the assignment with relevant IP offices
7. Appendix B: Related Technical Documentation: Technical specifications or documentation related to the assigned IP
Find the exact document you need
Assignment Of Intellectual Property Rights Agreement
A South African law-governed agreement for transferring intellectual property rights from one party to another, including comprehensive provisions for various types of IP.
Download
Confirmatory Assignment Of Intellectual Property Rights
A South African law-governed document that formally confirms and records a previous transfer of intellectual property rights between parties.
Download
Confidentiality And Intellectual Property Assignment Agreement
A South African law-governed agreement that protects confidential information and assigns intellectual property rights from one party to another.
Download
IP Transfer Agreement
A South African law-governed agreement facilitating the complete transfer of intellectual property rights between parties, including patents, trademarks, copyrights, and related rights.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)