Intangible assets, including intellectual property rights, can be freely sold, licensed, or even relinquished by their holder to benefit a third party. These rights can be subject to various contracts (license agreements, concession contracts, web design agreements, etc.).
The economic value of intellectual property rights is strongly linked to their licensing. Therefore, it is crucial to carefully draft the various contractual clauses to ensure the smoothest possible exploitation of these rights.
To help you develop your business, we offer drafting services for various contracts such as license agreements, transfer agreements, co-ownership agreements, coexistence agreements, and transaction agreements.
A transfer contract is a property transfer agreement, akin to a sales contract.
When is it crucial to consider a transfer?
At any point in a brand’s life, you can consider transferring it, such as during a company transfer. However, transferring is not always the only solution; sometimes, it is more pertinent to grant a license to the entity wishing to exploit your rights.
Dreyfus assists in drafting intellectual property rights transfer contracts, guiding you through transfers of copyrights, trademarks, domain names, patents, or designs and models.
Drafting transfer contracts requires particular attention to ensure they align with your projects and provide legal security through well-crafted clauses.
A license operates like a rental mechanism where the intellectual property title remains with the owner, who “lends” the right in exchange for a royalty payment.
When should you consider concluding one?
A license can cover a patent, software, or trademark. It is useful when founding a company, particularly for founders, to retain control over their assets while allowing the company to exploit these rights. Often, it may be more advantageous to consider this solution. The license agreement allows a third party to use an industrial property right in exchange for a royalty.
Dreyfus assists in drafting license agreements for trademarks, domain names, patents, copyrights, or designs and models. Licensing is a strategic tool that must be precisely framed to ensure optimal valuation and protection of your rights.
When filing your trademark, you may face opposition from an earlier trademark holder. Conversely, a new trademark application may threaten your trademark rights.
If the conflicting trademarks are identical or similar but do not cover the same domains, negotiating a coexistence agreement could prevent contentious phases. This type of agreement allows two trademarks to coexist peacefully.
In coexistence agreements, parties mutually recognize rights and set conditions for their trademarks’ coexistence in a given market, delineating product/service categories and exploitation territories.
Dreyfus advises on drafting these agreements for optimal management and valuation of your intellectual property rights.
Trademark or patent filings can be jointly made by multiple parties, legally making the trademark or patent communal property.
A co-ownership contract prevents conflicts among co-owners by contractually organizing their legal relationship. For patents, such co-ownership follows a special regime deviating from common indivision law, whereas trademark and design co-ownerships follow common indivision rules.
Dreyfus protects your interests and assists in creating documents aligned with your objectives.
Dreyfus offers its world-renowned expertise to its clients:
We draft and negotiate intellectual property contracts, including licenses, technology transfers, and confidentiality agreements.
We represent clients in intellectual property contract disputes, including breaches and commercial disputes.
We develop custom contract strategies to optimize the protection and exploitation of your intellectual property assets.
Our experts advise on national and international contract law compliance.
We audit existing contracts to identify risks and propose improvements for securing agreements.
We offer training programs to educate your teams on best practices in intellectual property contract law.
A detailed contract clearly defines the parties’ rights and obligations, preventing disputes and protecting interests.
React quickly. Our experts can represent you and take legal action to effectively resolve conflicts.
We assist in drafting, negotiating, and auditing your contracts to ensure optimal legal protection.
An audit evaluates existing contracts to identify risks, propose improvements, and optimize asset protection.
Yes, we provide advice on national and international regulations to ensure contract compliance.
We offer customized training programs to educate your teams on the importance and practices of intellectual property contracts.
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