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JIPR Vol.14(6) [November 2009] >


Title: Importance of Assignment Agreements under Intellectual Property Laws in India
Authors: Chakravarty, Sindhura
Keywords: Assignment Agreement
Contract Act
copyrights
patents
trademark
geographical indications
designs
semiconductor integrated circuit layout design
plant varieties
biological resources
Stamp Act
recordal procedure
Issue Date: Nov-2009
Publisher: CSIR
Abstract:  A well-established statutory, administrative and judicial framework exists in India to safeguard intellectual property, relating to patents, trademarks, copyright or industrial designs.1 An important aspect of these laws deals with assignment agreements. An assignment agreement is an intellectual property (IP) transaction that deals with the ownership and disposition of intellectual property rights as well as with the control over the use of or access to intellectual property. This paper attempts to briefly explain assignment agreements in general terms as well as the essential requirements for assignment agreements under the Indian Contract Act, 1872, and the Indian Stamp Act, 1899. It discusses in detail the sections pertaining to assignment agreements in the legislations on Intellectual Property Law in India. It also provides information regarding the forms through which assignment of the intellectual property can be registered. The Madrid protocol and the rules regarding assignment of trademarks in the international forum have also been discussed.
Page(s): 513-522
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.14(6) [November 2009]

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