Intellectual property Right. Clase de Ingles Jurídico. Universidad catolica de cuyo sede San Luis.

1. Contract law: Intellectual
Property clause
By Prof. Tomás M. Costanzo

2. 2
What is intellectual
property?
Intellectual property (IP) refers to creations
of the mind, such as inventions; literary
and artistic works; designs; and symbols,
names and images used in commerce
(World Intellectual Property Organization)
Intellectual
property clause
It is the clause
in a contract
that deals with
Intellectual
property rights
It is the clause that
states which of the
parties owns any
creative work, such
as writing, music or
designs

3. 3
When a lawyer drafts a
document he must be sure
of the wishes of the parties
Does the party who
created the
intellectual property
really want the other
party to have
ownership of it?
Or does he or she want to have the
other party to have permission to use
the intellectual property for a
particular project, but not to own it?
During this process one of the parties
assigns IP rights to another party or
simply grants a licence to use the
intellectual material. This means that the
first party gives the second party
permission to use the material while
retaining ownership of it
A person who assigns his
or her IP rights is called
an assignor in a contract.
The person or company
who buys the IP rights
is called the assignee
A person who grants a
licence to use his or her
intelectual property is
called a licensor
The person who is
allowed to use the
intelectual property is
called the licensee

4. 4
When an assignor assigns his or
her IP rights to a third party, the
assignor usually has to make
certain guarantees. One of these
is that the intelectual property is
free of any encumbrance
An encumbrance is
the right that some
third party has in the
intelectual property
A contract clause that deals
with IP rights usually states
what will happen when there
is and infringement of rights.
To infringe an intellectual
property right means to break the
law concerning that right. We
breach a contract but we infringe
copyright
When an assignee buys IP rights he
or she usually requires a guarantee
from the assignor that the work is
not in the public domain
In the public domain means the
public can find the work easily
because the work is on the
internet or the copies of it exist.

5. “ Quotations are
commonly printed as a
means of inspiration and
to invoke philosophical
thoughts from the reader.
5
To have a break To go on with the class
What do you prefer?

6. Activity 1 a
6
Answer the questions
a) What must a lawyer be sure of when he or she drafts an
intelectual property clause?
Answer: He or she must be sure of _________________________the wishes of the parties
b) What does to assign ownership of IP rights mean?
Answer: To assign ownership of IP rights means to
____________________________________transfer ownership of those rights
c) In situations where I want to give a company permission to
use my intellectual property for a particular project what must I
do?
Answer: In situations such as this I must _______________________grant a licence

7. 7
Activity 1 b
d What is an assignor?
Answer: An assignor is a person or company that ________________assigns IP rights
e What is an assignee?
Answer: An assignee is a person or company that
_______________________buys IP rights from someone
f What is a licensor?
Answer: A licensor is a person or a company that
__________________________________grants a licence to use his or her IP rights
g What is a licensee?
Answer: A licensee is a person or a company that
________________________________________________________is allowed to use someone’s intellectual property for a specific period of
time

8. 8
Let’s go on with the class!
Activity 1 ch What is an encumbrance?
Answer: An encumbrance is
a_________________________________________________right that some third party has in the intellectual property
i What does to infringe IP mean?
Answer: to infringe an IP right means to
___________________________break the law concerning that right
j Where do we say intellectual property is when intellectual
property is easily available to the public?
Answer: We say that intellectual property is in
____________________________the public domain

9. 9
Activity 2 a
Complete the sentences with a word
a Who ows the _____________________ in this piece of writing?intellectual property rights
b My client is interested in buying your designs and he wants
permanent ownership of it. Are you willing to ___________
your IP rights to him?
assign
c My client is a publisher an she wants to use your designs as
an illustration in a new book. However, she does not want to
buy IP rights to the designs. I’ve instructed her that to do this
she needs a ________ from you.licence
d Our client does not want to assign copyright to anyone but
she is willing to _________ to you to use it.grant

10. 10
Activity 2 b
e Your use of our company logo on your products is an
___________ of our intellectual property rights and we will take
legal action against you.
infringement
f Our client owns the IP rights in the design. When she sells the
rights to you she’ll described in the sale contract as the ______.licensor
g Our client is selling the IP rights in the design. When she sells
the rights to you she’ll be described in the sale contract as the
_______.assignor
h We want to use a piece of music in our new advertisement.
However, we must first check that this will not ________
anyone’s IP rights.
i My client paid £10.000 for the rights to the music and he is now
the owner. In the sale contract he is described as the _________
infringe
assignee

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Activity 2 c
j My client paid £1000 to use the music in his new radio
advertisement. He is not allowed to use the music again witgout
a licence. In the contract which grants the licence he is
described as the ____________.licensee
k It is important to the publishing company that no one has seen
your new book. Are there any copies? Is any part of the book in
the ___________?public domain
l the contract guarantees that you assign your work to the
buyer free from any _______________. This means that no any
third party has any interest in the work.
encumbrance

12. 12
Thanks!
Any questions?
Tomascostanzo11@
Gmail.com