1.5.3. Software Development Agreement: In some cases, one may choose to use the services of an external software developer to develop software or product under a service agreement. For example, A may have a concept or idea, but may not have the expertise to develop the product. A may use the services of B, a third party, to develop the product. B is remunerated for its services. But A, whose resources (usually monetary resources, since A would bear the operating costs) have been devoted to the development of the product, will be the owner of the intellectual property in the product. 1.1. Work/invention/trademark/property: it is advisable that the agreement has a specific definition of the work, invention or other intellectual property that is attributed. In this way, the assignment clause can be brief and precise without the need to define the work or invention awarded. iv. The author usually receives a certain prefix on the day of signing the contract. In addition, royalties may be paid to the author for the sale of any copy of the work, payable as a percentage of the net proceeds of the publisher`s sale.
1.5.4. Application Programming Interface Integration Agreement (“APIs”): APIs are tools for interacting between different software intermediaries. In API integration agreements, one party (i) granted its API (either on an exclusive or non-exclusive basis) to another party for the integration of its API into the software (in the form of an application or website), or (ii) two parties offer to integrate their software to create a new product. Iv. The more the licensor wishes to exercise control over the use of the trademark, the stronger the clauses on quality, use and termination of the contract must be. As soon as the rights are thus withdrawn, the assignment must be re-exported under a separate agreement. For practical reasons, it is advisable to include in the agreement a clause in which the parties agree that Article 19(4) of the Copyright Act does not apply to their agreement. It might, however, be in the assignor`s interest to allow the application of article 19, paragraph 4, as that would prevent an assignee from fixing the rights to a work without using it publicly. 3.2.1. In writing – Pursuant to Article 68 of the Patent Act, an assignment is only valid and enforceable if it has been in writing and duly signed by the zechter or a person entitled to do so.
The written agreement must contain all the conditions, rights and obligations of the parties. i. Publishing contracts must contain detailed clauses on the date on which the author delivers the work to the publisher. Other rights related to intellectual property may also be granted, such as for example. B the right to copy, distribute or produce similar goods. Although a license covers some aspects of intellectual property, the IP licensor may nevertheless be required to agree to other activities. . . .