Commentary

60.5 Drafting points—intellectual property

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

60.5 Drafting points—intellectual property

| Commentary

60.5 Drafting points—intellectual property

Some of the drafting and commercial issues that may need to be considered when addressing intellectual property issues in a commercial agreement are:

  1. (a)

        What type of intellectual property will be created, used, licensed, transferred or is the subject matter of the agreement?

    1. (i)

          Should a ‘generic’ (or possibly no) definition of intellectual property be used? In routine agreements or agreements whose focus is not the creation, use, transfer etc of intellectual property, such a definition may be appropriate;

    2. (ii)

          Should an all-encompassing definition be used? In some agreements where one party wishes to own or

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial