IP ContractsTransactions is a great part of routine life of each company. At the same time IP contracts is strategy of business development, expenditure of new markets and way of increasing revenues by virtue of IP assets.
There is a sarcastic idiom that “parties does not read the contract until breach of it is occurred”. That is why it is issue of crucial importance to draft the perfect contract bear in mind objectives of counter parties.
There are a lot of aspects that should be considered during the drafting the contract. Moreover, each country has the special regulation of contracts relations namely essential terms of contract, requirements as to form of IP contract, unlawful provisions of the contract, registration of transferring of IP rights etc.
For example, Ukrainian legislation includes the basis principle of civil law – freedom of contracts. At the same time IP contracts on transferring the IP right have to meet requirements of the Civil Code of Ukraine. Such requirements are written form of agreement and the registration of transferring IP rights which may be enforced only after registration of IP objects. Another requirements are related to the exact kind of IP contracts. For instance, license agreement has the essential terms and if such terms are not implemented to the contract this contract is voidable etc.
Our proficient lawyers face standard IP contracts concerning transferring of IP rights namely license agreements, assignment agreements, franchising agreements and non-defined contracts with specific subject as well. We also have the experience of assistance concerning intellectual-related matters for complex strategic transactions. We provide the assistance on the each stage of transaction from negotiation to the enforcement and contract litigation.