IPAG is a project of the „Universities of Austria”, supported by the National Contact Point for Intellectual Property (ncp.ip) of the Federal Ministry of Science and Research (BMWF), the Federal Ministry of Economy, Family and Youth (BMWFJ), the Federal Ministry of Transport, Innovation and Technology. Austrian universities and companies have developed these models together to enable an efficient transfer of knowledge and technology. Please read the legal disclaimer in case of www.ipag.at/projekt/download before using the IPAG model agreements. Discuss the pros and cons of using arbitration agreements in solicitor-client relationships to assist in potential litigation. This article discusses the pros and cons of using arbitration provisions in agreements instead of costly public litigation in the courts. If intellectual property is created jointly, we can develop common ownership agreements to define the respective rights and obligations of the parties. We design appropriate transfers of intellectual property rights and waiver of moral rights for companies that can use them with their employees or contractors. If the intellectual property has already been created without agreement by staff, contractors or other circumstances, we can determine who owns the intellectual property and, if so, establish appropriate documents for the transfer of intellectual property rights to the company. IPAG recommends the following model agreements, which can be used at different stages of technology research and marketing transactions. These agreements are available in English and German. These include dispute resolution clauses relating to WIPO mediation and WIPO Expedited Arbitration. Intellectual Property Advice when intellectual property has been created by collaborators or contractors with or without an applicable agreement In the case of an IP license that may be a stand-alone agreement or part of a broader agreement, the compensation provisions may require the licensee to extend its intellectual property protection to the taker if a dispute with a third party is under review. No matter what type of IP cases can be compensated, it`s important to know what they`re willing to get.
In the case of an existing written or oral agreement, we may discuss the adequacy of the protection provided by this Agreement and, if necessary, recommend additional documents or corrective measures to remedy deficiencies. Contracts generally contain a definition of IP. As a general rule, the parties want as broad a definition as possible, including a definition that can be included in confidentiality or confidentiality agreements. The definition should avoid being limited to registered intellectual documents, as this could unintentionally exclude trade secrets or confidential information from the recipient. There may also be cases where the IP can only be defined as elements that the parties reduce to the letter or that are specifically identified by the parties, but this can be dangerous, for example. B in cases where „know-how” can be considered mental protection. The following is an example of a definition of IP that contains a know-how: „Intellectual property. To its knowledge, the company possesses or holds, at the time of that date, sufficient legal rights over all intellectual property rights (as defined below) necessary for the conduct of the business (the „intellectual property of the company”) without the need to violate or violate the rights of others. To the company`s knowledge, no product or service marketed or sold by the company violates, at the time of this directive, a license or rights to patents, patent applications, trademarks, trademarks, service marks, trade names, copyrights, trade secrets, licenses, domain names, hidden works, information and property rights and processes (all „intellectual property”). Sau