Law Faculty Scholarship

Intellectual Property Law for the Non-Specialist

Ashlyn J. Lembree


[Excerpt] "

Intellectual property rights are allocated between parties in many different

settings, including:

a. The employer-employee context;

b. The independent contractor context;

c The purchase and sale of a business;

d. The franchise or licensing of a business;

e. The settlement of a dispute; and,

f. The use of intellectual property as collateral.

As is further discussed below, very often there is a writing requirement for

purposes of agreements shifting ownership or other rights. Also, some

intellectual property rights allocation agreements must contain "special"

language. A lawyer in an intellectual property allocation situation may also be

faced with the question of whether, where, and when to record such agreements.

Finally, a lawyer should know the best uses of these documents."