INTELLECTUAL PROPERTY (SERVICE AGREEMENTS)
Other Names: Intellectual Property Rights • Ownership of Intellectual Property • Ownership of Work Product • Ownership of Inventions • Proprietary Rights
Sample Clause Language:
[SERVICE PROVIDER] hereby acknowledges that all information, enhancements, alterations, modifications, improvements, discoveries, ideas, processes, designs, trade secrets or other useful technical information or know how relating to the Company’s products, devices, processes or procedures, or otherwise prepared for the benefit of the Company or its customers (the “Works”) developed or suggested by [SERVICE PROVIDER] will be “works made for hire” (as defined in 17 U.S.C. §101 (1976), as amended) for the Company, and as such will be the exclusive property of the Company. If any Work is held not to be “work made for hire,” [SERVICE PROVIDER] hereby assigns to the Company all of [SERVICE PROVIDER]’s right, title and interest in such Work. [SERVICE PROVIDER] hereby assigns to the Company all of [SERVICE PROVIDER]’s right, title and interest in the Works. [SERVICE PROVIDER] will give all assistance that the Company reasonably requires to perfect, protect and use the Company’s rights to the Works. In particular, [SERVICE PROVIDER] will sign all documents, do all things and supply all information that the Company may reasonably deem necessary or desirable to enable the Company to obtain patent, copyright or trademark protection for the Works anywhere in the world. [SERVICE PROVIDER] warrants that [SERVICE PROVIDER] has the right to use any copyrightable materials used by [SERVICE PROVIDER] under this Agreement or otherwise in connection with the Services and that no rights of others are infringed by [SERVICE PROVIDER]’s work hereunder.
Source: Cardiovascular Systems Inc. (2019, October 31). Form 10-Q. Retrieved from SEC EDGAR website http://www.sec.gov/edgar.shtml
Description:
Intellectual Property clauses indicate who will own any inventions, work product, and other intellectual property created, used, or disclosed under the agreement. The sample clause here is drafted for service agreements and is in favor of the Client (i.e., the Company). The Client will own all intellectual property created by the Service Provider. This short-form clause covers (1) assignment of work product to the Client, (2) further assurances, and (3) infringement.
Common Contracts with this Clause:
- Services Agreements
- Independent Contractor Agreements
- Consultant Agreements
What you'll see with Lawgood:
Three (3) Alternative Positions
- Company Owns (Long-Form)
- Company Owns (Short-Form)
- Service Provider Owns
Draft better contracts with Lawgood.