Author's Note
The Patent or Trade Mark Assignment is a Swiss-law governed standard agreement for the assignment of Swiss patents (including related know-how) and/or trade marks (including domain names). The assigned rights may consist of granted patents, applications for grant, related know-how, registered or unregistered trade marks or domain names. It is possible to insert the details of these rights via the user interview, or to create a schedule which can be populated manually. This template assumes that the assignee will purchase the intellectual property for value, although under Swiss law, consideration is not a requirement. Formalities for assignment: Patents and trade marks must be assigned in writing and signed by the assignor. Notarization is not required. Intellectual property can be validly transferred without recording a change of ownership in the relevant register, and therefore the purchaser is advised to obtain a warranty...
Read moreThe Patent or Trade Mark Assignment is a Swiss-law governed standard agreement for the assignment of Swiss patents (including related know-how) and/or trade marks (including domain names).
The assigned rights may consist of granted patents, applications for grant, related know-how, registered or unregistered trade marks or domain names. It is possible to insert the details of these rights via the user interview, or to create a schedule which can be populated manually.
This template assumes that the assignee will purchase the intellectual property for value, although under Swiss law, consideration is not a requirement.
Formalities for assignment: Patents and trade marks must be assigned in writing and signed by the assignor. Notarization is not required.
Intellectual property can be validly transferred without recording a change of ownership in the relevant register, and therefore the purchaser is advised to obtain a warranty from the seller as to title. It is strongly recommended that all changes in ownership be registered.
Terms which are configurable to the user’s needs include:
- Background to the assignment (recitals);
- Effective date of transfer;
- Details of the intellectual property rights to be assigned;
- Purchase price;
- Payment of filing and registration fees for the transfer of registered rights;
- Delivery of certificates and other tangible materials;
- Warranties as to non-infringement;
- Liability;
- Provisions relating to notices; and
- Jurisdiction and arbitration.
Circumstances of Use
This template is intended to document the transfer of Swiss patents (including know-how) and/or trade marks (including domain names) between unrelated parties.
The Patent or Trade Mark Assignment may be used for cross-border transactions where the parties have agreed to use Swiss law.
Terms of Use
The purchase of this Product is subject to PartnerVine Terms.
You (the registered user through whose account the purchase is made) may:
- Access the document-generation interview for 90 days from date of purchase;
- Export and download an unlimited number of copies of the document(s) in Word or pdf format;
- Share and use the document copies in connection with the circumstances described in this Author’s Note and only for the ordinary business purposes of the group of companies to which you belong.
Exclusions and Limitations
This template does not include any provisions relating to formalities that may be required to validly transfer patents or trade marks that are registered in jurisdictions other than Switzerland.
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Frequently asked questions
IP right may be assigned to (1) patents and/or (2) trade marks. Moreover, (3) domain names can be included.
Tangible materials means all written materials embodying or relating to the IP.
The assignee may need access to such materials.
This can be either the (1) Assignor or the (2) Assignee.
This can be either the (1) Assignor or the (2) Assignee.
Yes.
Yes.
No, warranties (e.g. as to non-infringement) must not be given. However, there can be warranties. Following warranties may exist:
(1) Assignor owns all of the Intellectual Property.
(2) The Intellectual Property complies with applicable law.
(3) All registrations of the Intellectual Property are correct and up to date.
(4) Assignor is not aware of any infringement of the Intellectual Property by a third party.
(5) To Assignor’s knowledge, the Intellectual Property does not infringe any third party’s rights.
Several options exist: (a) assignor excludes all liability, (b) assignor accepts liability for breach of warranty only (no indemnity), (c) assignor indemnifies assignee fully. The latter can be reduced by implementing a clause that limits indemnity if the assignee is negligent/at fault.
The trade mark information can entered as: (1) free text in output Word document or (2) as a structured table within the interview. Consider that trade marks can be (a) registered, (b) unregistered, (c) registered and unregistered.