Custom Made Developer IP Transfer Agreement Template

Intellectual property means creations of the mind, such as inventions; literary and artistic works; designs; trade secrets; symbols, names and images. An intellectual property assignment agreement transfers the title or ownership of intellectual property rights in a work. The effect of such transfer is that the person to whom it is transferred (assignee) has exclusive rights over the IP and can exploit or assign the same while the IP cannot be used by the assignor (the person assigning the rights).

Also called an IP transfer agreement, it is created to ensure that when an employee helps develop a creation on behalf of a company, the company can retain the rights to the creation. The creation includes prototypes, software development, design and identity etc.

An IP Transfer or Assignment agreement is an especially important document to have with your developers because under the IP laws of most countries, the person who works on or creates a thing owns the IP rights of that creation. So to ensure that ownership of the IP rights of projects worked on by the developer belongs to the company, there must be an agreement transferring or assigning the intellectual property rights to the company. This remains true whether the developer in question is an employee or an independent contractor of the company.

For example, if you hire a software developer to build your website or app, they must sign an IP transfer agreement with your company or else all the work done by the developer will be regarded as their intellectual property under the law of most countries.

Preview Deveopler IP Transfer Agreement Template

About The Developer IP Transfer Agreement Template

This IP assignment agreement template is created for the irrevocable transfer of intellectual property rights from software developers employed by the company to the company.

This template has also been carefully vetted by lawyers qualified to practise in multiple jurisdictions, with extensive experience in technology and working with some of the fastest-growing companies in the African tech space.

It is written in simple, comprehensive grammar that is easy to understand by founders and entrepreneurs. The legal terms in this template have been simplified using terms that can be read and understood by anyone.

Information You Need For This Template

To fill out this agreement to your needs, here is some information that will be asked of you in the form:

  • The legal name and address of the founder (assignor)
  • Name and address of the company (assignee)
  • Brief description of the business of the company
  • Subject of the IP transfer: this could be the software being developed on behalf of the company.
  • The country under whose laws the agreement will be governed: this is the country where the business is carried out.

This Developer IP Transfer Agreement Contains:

Personal Information:

This provides for the name and address of the parties to the contract; the founder assigning their rights and the company to which the rights are assigned.

Effective Date:

This is the date on which the agreement entered into by the parties becomes effective or commences.


Assignment:

There is no IP assignment agreement without the assignment of IP rights. This clause specifically assigns or transfers the right in the IP from the assignor to the assignee using the words “hereby assigns/transfers”. It must also state the extent of the rights that are being granted to the assignee, in this case, it should grant all current and future rights to the assignee irrevocably.

Representations and Warranties:

This clause is used by the assignor/transferor to represent that they have exclusive rights over the IP being transferred.




Definition of Terms:

This section defines the terms used in the agreement and the context in which they are used to make it easy for parties to correctly interpret their rights and obligations under the agreement.

Developer IP Transfer Agreement FAQ