Intellectual Property Usage Agreement

Contractual language for “The University and the Sponsor jointly own the intellectual property” – “common intellectual property” means, individually and collectively, all inventions, improvements or discoveries and all works of authorship, with the exception of articles, theses, graduation theses and books drawn up by one or more members of the university staff and one or more collaborators of the sponsor in carrying out the research in ns the framework of the down-to-earth agreement. All rights and title to common intellectual property belong jointly to the University and the Sponsor and are subject to the terms of this Agreement. Regardless of the above approach to obtaining a license, the consideration of the scope of the license is the same. Below is an explanation of any provisions to consider, including provisions relating to exclusive and non-exclusive licenses, royalties, scope of use, and the inclusion of a full license agreement. Unlike licensing agreements that grant, under certain conditions, permission to exploit intellectual property, assignments are generally transfers of property rights without conditions for the exploitation of rights. This option extends to – – [the time] of the disclosure of the intellectual property to the promoter, OR of filing a patent application, OR of a notification of patent sharing, OR of granting a patent or of the conclusion of the term of the contract. The terms of these licenses must be negotiated in good faith and agreed between the university and the sponsor. An intellectual property transfer agreement gives investors the certainty that the founders have legally transferred to the company the intellectual property necessary for management. If the sponsor chooses a non-exclusive and free license for the use of the intellectual property exclusively for research purposes, the university may continue to grant a third party an exclusive license to commercialize the intellectual property.

If the Sponsor accepts an exclusive license, the University shall reserve the right to use the Intellectual Property in its own research and teaching programs. In the research agreement, the sponsor is granted a non-exclusive and free license for internal research and development, although this agreement may also grant broader licenses. 9 Some sponsors may be reluctant to fund research without knowing the impact of licensing provisions on the availability and cost of the possible product. Thus, certain licensing provisions may be defined in the research agreement. However, by inserting a licensing option into the research agreement, negotiations on most licenses can be deferred until some time after the publication of the specific intellectual property. . . .

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