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Draft a contract clause regarding one of the following topics

Intellectual Property (IP) Clause regarding ownership of IP

  1. What IP are you attempting to cover? You need a good definition of the property.
  2. Will the employee or licensee assist in protecting the IP by applying for a copyright, patent, trademark, or any other type of protection?  This is important as in many situations, the author or inventor cannot be a corporation.  It must be an individual.  Ergo, the need for the author or inventor to apply for the protection and then assign any copyright or patent to the company.
  3. Limits on disclosure of any proprietary information.
  4. Who will own any IP developed by the employee or licensee? Will it be the employer, licensor, or be shared in some way?
  5. What geographic limitations are associated with the IP? You need to remember that much IP protections are not worldwide, but specific to a particular country.
  6. Who will pay for any defense of the IP if challenged?
  7. Remedies for any breach of the IP agreement.

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