Transfer of Intellectual Property Rights in a Website - Checklist
Drafting notes
This Checklist highlights issues which commonly arise during the negotiation and drafting of agreements to transfer intellectual property rights (IPRs) relating to a website. However, many of the issues raised are also relevant to other types of transaction. Key commercial considerations include: technical or functional specifications; clarifying the IPRs in question; cross-licensing; the basis on which the rights are being transferred; and third party rights.
Checklist
Checklist | Further Information | Notes |
|---|---|---|
Key commercial considerations | ||
Confirm each party's legal status and whether any third parties (such as group affiliates) will benefit from the proposed agreement. | ||
Confirm when the transfer will take effect and whether this is conditional on any other agreements or events. | ||
Confirm whether the proposed agreement will be a one-off transfer of IPRs or whether there will be any ongoing element of licensing or support. | Where there are ongoing obligations, clarify the contract duration, any termination rights, wind down period or exit obligations. | |
Confirm whether any other goods or services are being provided under the agreement, other than the transfer of IPR. | Services might include support (typically where licensing or transferring IPR in software) or training. | |