The Design Ownership Agreement is a crucial legal instrument used in Nigeria when transferring complete ownership rights of design assets between parties. This document is essential when companies or individuals wish to acquire full control and ownership of specific designs, whether for commercial exploitation, manufacturing, or further development. The agreement must comply with Nigerian intellectual property law, particularly the Patents and Designs Act Cap P2 LFN 2004, and should be used whenever there is a need to formally document the transfer of design rights. It typically includes detailed descriptions of the design(s), terms of transfer, warranties of ownership and originality, and provisions for registration and protection of the design rights. The Design Ownership Agreement is particularly important in protecting both parties' interests and ensuring clear title to valuable design assets in the Nigerian market.
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1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and brief description of the design(s) involved
3. Definitions: Definitions of key terms used throughout the agreement, including 'Design', 'Intellectual Property Rights', and 'Effective Date'
4. Design Description and Ownership: Detailed description of the design(s) and clear statement of current and future ownership rights
5. Assignment of Rights: Terms of transfer of ownership, including all intellectual property rights associated with the design
6. Consideration: Details of payment or other consideration for the transfer of design rights
7. Warranties and Representations: Warranties regarding ownership, originality, and non-infringement of third-party rights
8. Confidentiality: Obligations regarding confidential information related to the design
9. Registration and Protection: Responsibilities for design registration and maintenance of protection
10. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution requirements
1. Moral Rights: Section dealing with moral rights of the designer, particularly relevant if the designer is an individual rather than a company
2. Future Modifications: Terms regarding rights to modify or develop the design further, included when future development is anticipated
3. Third Party Rights: Provisions regarding existing licenses or third-party rights, needed if the design has existing encumbrances
4. Tax Provisions: Specific tax-related provisions, included for high-value transactions or international transfers
5. Duration and Termination: Include if the agreement involves ongoing obligations or phased transfers
6. Assignment and Sublicensing: Include if either party needs the right to assign or sublicense their rights under the agreement
7. Indemnification: Detailed indemnification provisions, particularly important for high-value designs or those in regulated industries
1. Design Specifications: Detailed technical specifications, drawings, or visual representations of the design(s)
2. Payment Schedule: If payment is to be made in installments or subject to conditions
3. Existing IP Rights: List of any existing registrations, applications, or rights related to the design
4. Prior Licenses: Details of any existing licenses or permissions granted to third parties
5. Design Registration Details: Copies or details of design registrations if already registered
6. Related Works: List of any related works or designs that are excluded from the transfer
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