iii. As explained in section 1.2.2 of the first article in this series, composers and poets retain unacceptable licensing rights over musical works. 1.2. Marketing agreement: A marketing agreement allows a third party a limited right to display the licensee`s trademarks during the marketing, advertising and sale of products owned by the licensee. As far as copyright is concerned: an assignment is a transfer of the economic rights of the copyright holder. Unlike copyright, moral rights must not be sold or transferred to another person (moral rights are the right to be identified as the author of the work or to object to derogatory treatment or falsification or mutilation of the work in order to protect the personality and reputation of the authors). In this section, we will discuss certain types of agreements and clauses relating to copyright, patents and trademarks. 1.1.6. Financing agreement/film investment contract: the manufacturer can enter into agreements with different people to obtain funds for the production of a film. These agreements can be structured in many respects and can, in some cases, lead to a transfer of ownership of intellectual property. This agreement can be denounced: (a) by mutual agreement between the parties; (b) in the event of a substantial breach of a provision of this agreement by the other contracting party, provided, however, that, in the case of an appeal, it is only if the other party does not resolve the infringement within the notice period. At the end: (a) each party immediately hands over to the other contracting party all documents, documents, documents, documents and other objects of the other party that are held by the contracting party or by its employees or agents; (b) each party immediately pays all unpaid royalties or other amounts owed to the other party under this agreement.» 6. For an overview of the issues raised by character rights, see Arbaaz Khan Production Private Limited v.
Northstar Entertainment Private Limited and Ors., 2016 (67) PTC 525 (Bom). a. «The rights conferred there are irrevocable and are transferred to the assignee for eternity, including and without restriction for the full duration of copyright protection, anywhere in the world, and all renewals, extensions and revitalizations of those rights.» 3.1. Technology transfer contract: Technology transfer agreements («ATTs») involve the licensee transferring its IP service and know-how to the purchaser for a specified period and purpose. Much of the regulation of this type would depend on the specific facts and circumstances of each case. Anything that is transferable under a TTA will not be IP. Part of the transmission may involve the granting of IP licenses such as patents or software for specific purposes, while the other may include information and know-how. The clauses relating to the exchange of information and other know-how are strictly contractual and guaranteed by strict confidentiality clauses in the agreement. Example: «The parties agree that the composer in the film will be credited by the producer as `music of `O`. The composer has no copyright on sound recordings or musical works in the film thanks to these credits. Although the specific requirements for the transfer of intellectual property rights depend on the situation and vary from country to country, in most jurisdictions a valid IP allowance must include at least: 5.1.
Lump sum payments: Property rights can be granted with a lump sum payment if the beneficiary can pay a certain amount of money in the manner prescribed by the agreement. This amount can be paid either as a one-time payment or in increments. 5.2. Charges: Against the fees granted, the assignee or the licensee may also demand payment of royalties.