The Simple IP Assignment Agreement is a fundamental legal instrument used in Switzerland for transferring intellectual property rights between parties. This document is essential when there's a need to transfer ownership of patents, trademarks, copyrights, or other intellectual property from one entity to another, whether in the context of a business transaction, employment relationship, or independent transfer. The agreement must comply with Swiss federal laws, including the Swiss Code of Obligations and specific IP legislation. It's commonly used in scenarios such as company acquisitions, employee innovations, freelance work deliverables, or technology transfers. The document includes crucial elements such as precise identification of the IP being transferred, warranties of ownership, and provisions for future cooperation in formalizing the transfer with relevant authorities.
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1. Parties: Identification of the Assignor and Assignee with full legal names and addresses
2. Background: Context of the IP creation and ownership, and purpose of the assignment
3. Definitions: Definitions of key terms used throughout the agreement
4. Assignment: Clear statement of the transfer of IP rights from Assignor to Assignee
5. Consideration: Details of payment or other consideration for the IP assignment
6. Assignor's Representations and Warranties: Warranties regarding ownership, right to assign, and non-infringement of third-party rights
7. Further Assurance: Obligation to execute additional documents and assist with IP registration transfer
8. Waiver of Rights: Explicit waiver of any moral rights or other retained rights in the IP
9. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
10. Entire Agreement: Standard integration clause confirming this is the complete agreement between parties
1. Existing Licenses: Required if there are any existing licenses or permissions granted to third parties
2. Third Party Rights: Needed if the IP incorporates or depends on any third-party intellectual property
3. Confidentiality: Include if sensitive information will be exchanged during the assignment process
4. Tax Provisions: Required for high-value transfers or international assignments with tax implications
5. Employee/Contractor Acknowledgments: Include if the IP was created by employees or contractors who need to confirm assignment
6. Registration and Recordal: Include specific provisions about recording the assignment with IP offices if required
7. Survival: Include if certain provisions need to survive termination of the agreement
1. Schedule 1 - Description of Intellectual Property: Detailed description of all IP being assigned, including registration numbers if applicable
2. Schedule 2 - Payment Terms: Detailed payment schedule and terms if payment is not made in a single installment
3. Schedule 3 - Existing Licenses: List and details of any existing licenses or encumbrances on the IP
4. Schedule 4 - Required Assignment Documents: Forms and documents needed for recording the assignment with relevant IP offices
5. Appendix A - Chain of Title: Documentation showing the Assignor's ownership chain of the IP
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