Proprietary Rights Assignment Agreement

Proprietary Rights Assignment Agreement Template for Denmark

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Document background

The Proprietary Rights Assignment Agreement is essential for businesses and individuals seeking to transfer intellectual property rights in Denmark. This document is commonly used in various scenarios including company acquisitions, employee invention transfers, freelance work arrangements, and technology transfers. It must comply with Danish legal requirements, particularly the Danish Patents Act, Copyright Act, and Employee Inventions Act. The agreement typically includes comprehensive details about the rights being transferred, consideration for the transfer, warranties about ownership and non-infringement, and procedures for registration with relevant authorities. Special attention is paid to moral rights, which under Danish law cannot be fully assigned, and to employee rights in cases involving workplace innovations. The document serves as crucial evidence of the transfer and helps prevent future disputes about ownership of intellectual property rights.

Suggested Sections

1. Parties: Identification of the assignor and assignee, including full legal names, registration numbers, and addresses

2. Background: Context of the assignment, relationship between parties, and purpose of the transfer

3. Definitions: Key terms including Intellectual Property Rights, Assigned Rights, Effective Date, and other relevant definitions

4. Assignment: Core provision transferring all relevant IP rights, specifically listing each type of right being assigned

5. Consideration: Details of payment or other consideration for the assignment

6. Moral Rights: Specific provisions addressing moral rights under Danish law, including which rights are waived to the extent permitted by law

7. Further Assurance: Obligations to execute additional documents and assist with registration of rights

8. Representations and Warranties: Assignor's warranties regarding ownership, right to assign, and non-infringement

9. Indemnification: Assignor's obligations to indemnify assignee against third-party claims

10. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Employee Rights: Required when the assigned rights involve employee-created IP, addressing requirements under Danish Employee Inventions Act

2. Registration and Recordal: Detailed procedures for recording the assignment with relevant IP offices, needed for registered IP rights

3. Confidentiality: Provisions for maintaining confidentiality of the assignment and related information, if not covered by a separate NDA

4. Tax Provisions: Specific tax-related provisions when the assignment has significant tax implications

5. Competition Law Compliance: Required when the assignment might raise competition law concerns

6. Third Party Rights: Needed when the assigned IP involves or affects rights of third parties

7. Survival: Specifying which provisions survive termination, particularly relevant for long-term warranties

Suggested Schedules

1. Schedule 1 - Assigned Rights: Detailed list of all IP rights being assigned, including registration numbers where applicable

2. Schedule 2 - Excluded Rights: List of any IP rights specifically excluded from the assignment

3. Schedule 3 - Registered Rights: Details of registered IP rights requiring recordal of the assignment

4. Schedule 4 - Form of Assignment Notice: Template for any required notices of assignment to be filed with IP offices

5. Schedule 5 - Existing Licenses: List of existing licenses or encumbrances affecting the assigned rights

6. Appendix A - Due Diligence Report: Summary of IP due diligence findings, if applicable

7. Appendix B - Power of Attorney: For handling registration and recordal of the assignment

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Proprietary Rights Assignment Agreement Template for Denmark

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