Commentary

60.3 Defining ‘intellectual property’

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

60.3 Defining ‘intellectual property’

| Commentary

60.3 Defining ‘intellectual property’

It is usual in properly drafted commercial agreements to define the term ‘intellectual property’.

A simple definition might read:

Intellectual Property means any and all copyright, database rights, rights in respect of confidential information and all other intellectual property rights.

This definition would be suitable where the parties are entering into a routine or low value agreement, or where the purpose of the agreement is not the generation of new intellectual property or development of existing intellectual property.

A broad, general definition might read:

Intellectual Property means any and all of the following items, whether or not registered, applications for the

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