Urgent query on transfer of ipr

Company Secretary

Dear All,

We are Manufactureres of Capital Goods ( Machines) ,
One of our customer is willing to enter in to sale purchase agreement.

This Agreement contains clause relating to transfer of Intellectual property in the design and machine.

Kindly let me know. sale of single machine can amount to transfer of IPR in machine.

Regards,

Gargi

 

 

 
Reply   
 

Unless the buyer's motives are know please do not agree to include IPR transfer clause. You will lose your impance in design of the equipment/brand name /trade name of your equipment. You can put a clause that in the agreement that "you are the owner of the IPR with regard to design/trade name/brand name of the equipment and the buyer will not have any right to make use of any of the above.

 
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IP Lawyer & Trademark Attorney

As this has been clearly explained by our senior member AdvocateMurali I agree with him.

 
Reply   
 
Corporate Commercial & IP Lawyer

 

Gargi,


If you can make him as the customer / manufacturing & distributing your capital goods. May be you can Imagine to grant an exclusive license to the design of the machine, ownership of IPR rights with you. It can be for a term of about 1 year / 3 years etc.,

Disclaimer: Scenario is hypothetical. Decision should be taken based on your business interests.

Let me know, if you need further details.


Thanks

Nagaraj

Corporate, Commercial & IP Lawyer

IP Lex Global Services

www.iplexglobal.in

 
Reply   
 

Gargi, 

A normal Sale and Purchase Agreement should not include IPR transfer. As Assignment of IPR along with other intangible and tangible assets will cause complication while recording the assignment. Hence a separate Deed of Assignment is always required. 

 
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Advocate

Can be done through Franchise. The Franchisor can transfer to the Franchisee through negotiation and both the partiesmust carefully work out the relationship to make it worthwhile and to avoid any complication in their relationships. It is done both at local level as well as at the Internationl level.

 
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