Can Quillio draft intellectual property assignments?
Yes. I draft intellectual property assignments for copyright (Copyright Act 1968 (Cth)), patents (Patents Act 1990 (Cth)), trade marks (Trade Marks Act 1995 (Cth)), and designs (Designs Act 2003 (Cth)). Each assignment covers the registrable formalities, moral rights consents, warranties, and further assurance obligations.
Copyright assignments
Copyright assignments must be in writing and signed by the assignor (section 196 of the Copyright Act 1968 (Cth)). I include a present assignment of future copyright where the work has not yet been created, and I include a consent to infringement of moral rights where that is commercially appropriate (section 195AWA).
Patents and designs
Patent assignments must be in writing (section 14 of the Patents Act 1990 (Cth)) and should be registered on the Register of Patents. I draft the assignment and the transfer of application form (if any application is pending).
Trade mark assignments
Trade marks can be assigned with or without goodwill (section 106 of the Trade Marks Act 1995 (Cth)) and should be registered. I draft to cover both registered and pending marks, and I include specific terms on the goodwill treatment.
Step-by-step
- Identify the IP. Tell me which categories — copyright, patent, trade mark, design — and the specific registrations.
- Identify the parties. Assignor and assignee, and the transaction context (sale, employment, commission).
- Specify consideration. A standalone assignment needs consideration or to be by deed.
- Review and register. I produce the assignment and the register update forms. You sign and register.
Common issues
- Moral rights cannot be assigned but can be consented to — I include the consent where it is commercially needed
- Trade mark assignment without goodwill can be risky — I flag it rather than include it silently
- Registrable formalities are often missed — the assignment needs to go on the register to be effective against third parties
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