How Intellectual Property Rights are Assigned in UAE

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How Intellectual Property Rights are Assigned in
UAE

• HHS Lawyers and Legal Consultants dUBAI

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• A legal document, declaration of
  assigning intellectual property rights, is a
  contract between a corporation or individual
  transferring intellectual property rights onto
  another corporation or individual. 
• The assignment of rights for intellectual
  property can be permanent in which case the
  assignor wont have any rights to an intellectual
  property any longer. Intellectual property which
  can be assigned to another individual or business
  entity includes trademarks, inventions, logos,
  business names, domain name rights, copyrights,
  and source codes among others. An agreement for
  assigning intellectual property rights can also
  have a release in which the assignor states that
  it no longer has the legal capacity in bringing
  any claims with regards to the intellectual
  propertys rights. This should be approved or
  agreed upon by all parties involved. 

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What are the elements of an agreement for
assigning intellectual property rights?

• The core elements of declaration or agreement of
  intellectual property rights assignment in UAE
  include a definition of the intellectual property
  that is assigned, release, moral rights, the
  assignment, warranties, and waiver. Additional
  clauses can also include dispute resolution
  mechanisms that are preferred by parties
  involved, compensation, disclaimer, and license
  to a non-assignable trademark or any other kind
  of intellectual property. 

Whens the best time for the drafting of
intellectual property assignment agreement in
UAE? 

• The agreement of assigning intellectual property
  right in UAE may be created and utilized for
  several different situations. This can include
  when a business entity is acquiring or being
  acquired by another business entity when the
  business founders are incorporating the business,
  as well as when one party is buying a product
  from a different party. The deed is a legal
  document that is legally binding. It requires
  signatures of witnesses, as well as notarization
  from a public notary in Dubai. 

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Who should sign the agreement for assigning
intellectual property rights?

• The party that is assigning the rights of the
  intellectual property, referred to as the
  licensor or assignor, as well as the party that
  is getting the rights to the assigned
  intellectual property, referred to as the
  assignee, are to sign on the agreement. Witnesses
  are to add their signatures as well and a public
  notary has to notarize the legal contract. 

What are the mandatory provisions of an agreement
of intellectual property assignment?

• In UAE, theres no standard form to be used for
  an assignment agreement. It is, however,
  necessary to word and sign the document carefully
  as the contract is binding for the parties
  involved. If an agreement is part of employee
  guidelines or an employee handbook, there is a
  need to work with lawyers and legal consultants
  in UAE in order to make sure that its still
  legally binding if signatures are on separate
  employment contract documents. 

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• Generally, most trademark assignment agreements
  in the UAE have at least the provisions that are
  listed below. 
• Assignment provision
• This provision requires one party to assign
  intellectual property to another party. This can
  also be an assignment from an employee to an
  employer in order for the employer to have total
  ownership of intellectual property. The provision
  may be narrowed to the inventions or trademarks
  that are created by employees only. This
  provision can also be broad to include almost all
  that an employee makes. 
• Disclosure provision 
• This provision requires a party to inform another
  party of intellectual property rights existence
  which was developed as per the assignment
  provision. 
• Power of attorney 
• This clause is the standard. A provision for a
  power of attorney provides a guarantee that a
  party may administer or register ownership rights
  of intellectual property without the presence of
  another party, or regardless of whether or not a
  party is able or willing to provide assistance. 
• An assignment of rights for an intellectual
  property allows a party to have the right in
  using an intellectual property such as a patent,
  design, trademark, or copyright. The assignment
  has to be written in the appropriate manner and
  contains the correct language in order for it to
  be considered effective and enforceable in the
  eyes of the law. 

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• What are the kinds of intellectual property?
• The most common kinds of intellectual property
  include patents, trademarks, copyrights, and
  trade secrets. 
• How can I make sure intellectual property isnt
  stolen?
• Trademark registration in UAE is essential in
  providing intellectual property sufficient
  protection. If you want to know more about the
  process as it can be complex and time consuming,
  we suggest you seek the guidance and assistance
  of a team of trademark experts in UAE. 
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  ual-property-rights-assigned-uae/
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