![]() ![]() Domain names: which are usually superseded by trademark and/or trade name law and.Other relevant (property) rights in joint venture agreements may include: Database rights: this is relevant in the case of a collection of data in which a substantial investment has been made.Designs: these are relevant for new designs, drawings and other external design elements (registration is usually a requirement, as well as novelty and individual character of the design).Copyrights: these are relevant, for example, when it comes to ‘works’ such as software (source code), designs and product design (the work must have its own, original character and bear the personal stamp of the creator).Trademarks: these include, for example, names or logos that distinguish the product or service of the JV from competing products (a trademark requires a registration and needs to have distinctive character in order to become registered).Trade names: these are relevant for protecting the company name under which the JV will operate (a trade name right requires the use of the trade name).Patents: these are relevant for new, technical inventions (a registration is required for patents).The most common intellectual property rights in joint venture agreements are the following: In addition, the various types of intellectual property rights often have their own specific laws with rules that may vary from country to country. This is because many types of intellectual property rights, such as trademarks or copyrights, are subject to the statutory requirement of having a written deed or agreement. If it is the intention of the parties to transfer (certain) intellectual property rights to the joint venture, or to grant the JV an exclusive license for the use thereof, this generally has to be recorded in writing. ![]()
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