[Please note that this is a general summary of the categories of Intellectual Property ("IP") rights protected in most common law jurisdictions. As each jurisdiction may be different, you may want to speak to your local lawyer.]

SUMMARY OF INTELLECTUAL PROPERTY RIGHTS AGREEMENTS TEMPLATES:

Members are often confused about which document to use in relation to Intellectual Property Rights Agreements. The following table is a quick reference guide:

Documents When to Use
Trademark Licence Agreement Trademarks Licence Agreement whereby the Licensor grants the Licensee the right to use the trademarks for products, goods, or services. This agreement is drafted in the following forms: Neutral, in favour of Licensor or Licensee.
Copyright Licence Agreement Copyright License Agreement whereby the Licensor grants the Licensee the right to use the copyright works for commercial production. This agreement is drafted in the following forms: Neutral, in favour of Licensor or Licensee.

SUMMARY OF INTELLECTUAL PROPERTY RIGHTS GENERALLY PROTECTED IN 
COMMON LAW JURISDICTIONS:

1. Legal Protection

 

 

 

Trademark Patents Designs Copyrights Trade Secrets
Subject Matter Normally Protected Signs that distinguish goods or services of one trader from those of others Invention Industrial products, designs, fabric designs Books, software, plays, music, paintings, sculpture, photographs, films, sound recordings, broadcasts, cable programmes, performances Formula, practice, process, design, instrument, pattern, commercial method, or compilation of information not generally known or reasonably ascertainable.
Whether Registration is required for effective protection Yes Yes Yes No No

Intellectual Property Protection

Intellectual property is a category of property that includes intangible creations of the human intellect, and primarily encompasses copyrights, patents, and trademarks. It also includes other types of rights, such as trade secrets, publicity rights, moral rights, and rights against unfair competition.

The main purpose of intellectual property law is to encourage the creation of a large variety of intellectual goods. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create – usually for a limited period of time. This gives an economic incentive for their creation because it allows people to profit from the information and intellectual goods they create.

1. Trademark

A trademark, trade mark, or trade-mark is a recognisable sign, design, or expression which identifies products or services of a particular source from those of others, trademarks used to identify services can also be called service marks. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. 

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