Persons creating products that can be the object of intellectual property rights, or similar legal rights, are often employees in a business. And frequently, the intellectual property rights are crucial to that business. However, the intellectual property rights that arise in the context of an employment relationship, or other types of collaborative relations, do not always automatically vest in the employer or the client, respectively.
We are specialized in drafting and providing advice on the types of terms and agreements that are necessary in order to ensure that intellectual property rights can be exploited as intended. Our expertise also includes drafting and providing advice on the types of terms and agreements that can establish a contractual basis for the legal protection of, for instance, trade secrets.
For example, we draft documents relating to and provide advice on:
- IP-clauses and confidentiality clauses in employment agreements, supply agreements and consultancy agreements
- Non-disclosure agreements (NDAs)
- Repatriation and expatriation agreements for scientists and R&D personnel and other categories of employees or project staff
- Policies and strategies for the protection of trade secrets and other types of confidential information – for instance in connection with engagement and termination of employees
One aspect of the economic value of IP is the prospect of performing IP-related transactions. This can take the form of licensing, but it can also take place in the form of cooperation agreements, such as distribution agreements or research and development agreements. We have extensive experience in structuring, drafting and negotiating international licenses and complex collaborative IP-based arrangements. We draft, negotiate and provide advice across a wide range of IP-related transactions, including:
- Research and development agreements (R&D)
- Licensing in respect of all types of intellectual property rights
- Agreements concerning the sale and purchase of intellectual property rights
- Agreements with agents and other types of distribution agreements, including franchising