Advanced Contract

Drafting

Intellectual Property Clause

By-

Simran Dutt(16llb075)

Harshita Yadav(16llb083)
INTRODUCTION

Intellectual Property Rights includes:

● Patents
● Copyrights
● Trademarks
● Service marks
● Or any other rights that grant similar rights
ISSUES

1. What is the relevance of having this clause in the Agreement?

2. What would the ideal clause for winston be?

1. Relevance of IP Clause

● You would want that ownership of the intellectual property

remain with your company.
● These clauses provide defensive protection measures

A strong intellectual property clause offers the following:

● Income
● Litigation deterrent
 2. INTELLECTUAL PROPERTY CLAUSE
Section 1.1 Protection of Intellectual Property.

Section 1.2 Additional Obligations with Regard to Intellectual Property.

Section 1.3 Pre-Existing Intellectual Property.

Section 1.4 Independently Developed Intellectual Property.

Section 1.5 Jointly Developed Intellectual Property.

Section 1.6 Company Ownership.

Section 1.7 Ownership of Intellectual Property.

Section 1.8 Consent for Disclosure.

 CONCLUSION
1. need for ownership protection
2. usage of intellectual property of Winston by Cornerstone
3. tendency to lead to litigation
4. these clauses will guide them with respect to the intellectual property being
used subject to the Agreement.
5. Zest Labs vs. Walmart
6. Open to modification to protect Winston’s IP and can negotiate with
Cornerstone for Litigation free Agreement
THANK YOU