IPAG recommends the following model agreements, which can be used at different stages of technology research and marketing transactions. These agreements are available in English and German. These include dispute resolution clauses relating to WIPO mediation and WIPO Expedited Arbitration. Many companies have published their privacy agreements on the Internet for one reason or another. For example, Archaeopteryx Software Inc. has published one of its NDAs. This gives a general idea of what you might look like, but the details will obviously differ depending on the industry and the specifics of protected intellectual property. When you assign intellectual property, it should always be done in writing by a formal agreement. Many IP rights cannot be properly assigned without a written document. Section 90 (3) of the Copyright, Designs and Patents Act 1988 states, for example, that “the assignment of copyright is effective only if it is signed in writing by the Oder on behalf of the assignee.” IPAG is a project of the “Universities of Austria”, supported by the National Contact Point for Intellectual Property (ncp.ip) of the Federal Ministry of Science and Research (BMWF), the Federal Ministry of Economy, Family and Youth (BMWFJ), the Federal Ministry of Transport, Innovation and Technology. Austrian universities and companies have developed these models together to enable an efficient transfer of knowledge and technology.
You use a confidentiality agreement if you have information that you need to give to someone, but you don`t want that information to be shared with other people. This may be because a confidentiality agreement is a legal contract between you and the other party. They agree to disclose certain information to them for specific purposes. You agree not to disclose this information to third parties. However, intellectual property must continue to be used, even at the risk of revealing original ideas or concepts. Just as a distribution company would not keep its trucks in the garage to prevent them from being involved in an accident on the highway, a start-up cannot distance its ideas from the business partners that can make it a success. The distribution company protects its assets (trucks) with auto insurance so that they can use them without exposing the company to financial ruin. The start-up company can protect its intellectual property in a variety of ways, including a confidentiality agreement. Please read the legal disclaimer in case of www.ipag.at/projekt/download before using the IPAG model agreements. A confidentiality agreement (NDA), sometimes called a confidentiality agreement, allows a company to share its intellectual property with others it needs, without overly compromising that information. If you have z.B a new product or function in development, but you need to consult an expert for advice on how to proceed, an appropriate NOA can ensure that the expert will not pass on the details of your new product to a competitor. One of the most valuable assets many companies own is their intellectual property.
Businesses must take appropriate measures to protect the value of this asset, just as it does for every physical asset. IP licenses must also be written as a general rule (especially exclusive licenses). For example, a licence is not an exclusive licence within the meaning of the 1988 Act, unless it is signed “in writing by the copyright holder or on behalf of the copyright holder” (section 92, paragraph 1).