The Confirmatory Assignment Of Intellectual Property Rights is used when parties need to formally document and reinforce a previous transfer of IP rights under German law. This typically occurs in situations where the original assignment may have been informal, unclear, or where additional documentation is required for registration purposes. The document is particularly important in German jurisdiction due to strict formal requirements for IP transfers and the special provisions regarding employee inventions under the Arbeitnehmererfindungsgesetz. It includes detailed descriptions of the IP rights being confirmed as assigned, warranties of ownership, and provisions for further assistance with registration. This type of agreement is commonly used in corporate restructuring, employment transitions, company acquisitions, or when updating historical IP documentation to ensure clear chain of title.
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1. Parties: Identification of the Assignor and Assignee with full legal names and addresses
2. Background: Context of the original transfer/creation of IP rights and reason for confirmatory assignment
3. Definitions: Key terms including 'Intellectual Property Rights', 'Effective Date', 'Original Agreement' (if applicable)
4. Confirmation of Assignment: Express confirmation of the previous transfer and absolute assignment of all relevant IP rights
5. Scope of Assignment: Detailed description of IP rights being assigned, including present and future rights
6. Warranties and Representations: Assignor's warranties regarding ownership, right to assign, and no encumbrances
7. Further Assurance: Obligation to execute additional documents and assist with recordal of rights
8. Consideration: Acknowledgment of consideration (including nominal consideration if applicable)
9. Governing Law and Jurisdiction: Specification of German law and jurisdiction
10. Execution: Formal execution block meeting German law requirements
1. Employee Invention Rights: Required when the assignment involves employee inventions under the German Employee Inventions Act
2. International Rights: Added when IP rights exist in multiple jurisdictions
3. Ongoing Development: Included when there is continuing development work related to the assigned IP
4. Prior Agreements: Required when referencing and/or superseding specific prior agreements
5. Confidentiality: Added when confidential information needs to be specifically protected
6. Tax Provisions: Required when there are specific tax implications of the assignment
7. Severability: Optional clause addressing the severability of provisions under German law
1. Schedule 1 - Intellectual Property Rights: Detailed list of all IP rights being confirmed as assigned, including registration numbers
2. Schedule 2 - Original Agreement(s): Copies or details of original agreements or circumstances giving rise to the IP rights
3. Schedule 3 - Form of Recordal Applications: Ƶ for necessary recordal documents for patent, trademark offices
4. Appendix A - Power of Attorney: If required for recordal purposes
5. Appendix B - Technical Documentation: For complex IP rights, technical description or documentation of the subject matter
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Software Development
Research & Development
Creative Industries
Engineering
Chemical Industry
Electronics
Automotive
Academic/Research Institutions
Media & Entertainment
Industrial Design
Healthcare
Relevant Teams
Legal
Intellectual Property
Research & Development
Innovation
Corporate Development
Compliance
Technology Transfer
Patents
Business Development
Executive Leadership
Relevant Roles
Intellectual Property Counsel
Legal Director
Patent Attorney
General Counsel
Chief Technology Officer
Research Director
Innovation Manager
Legal Operations Manager
Compliance Officer
Technology Transfer Officer
R&D Director
Chief Executive Officer
Chief Legal Officer
IP Portfolio Manager
Corporate Counsel
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