Practical Guide to Intellectual Property Contracts and Contractual Clauses

The main themes covered by the guide are:

• What intellectual property rights are involved? (Chapter I)
• Is a contract necessary?
  • Who owns the rights in the absence of a contract? (Chapter II)
  • How can a contract be useful? (Chapter III)
• What are the conditions regarding validity and form of the contracts? What law applies to them? What are the effects of the contracts? What principles guide their interpretation? What can be the duration of the contract? Can I assign a contract or certain contractual obligations to third parties? (Chapter IV)
• What should I pay attention to before and during negotiations on an IP-related contract? (Chapter V)
• What type of contract do I need? What are the basic clauses generally found in the different types of contract? What specific clauses are found in a particular type of contract? What should I pay particular attention to? (Chapters VI and VII)
• In view of the specific intellectual property rights which are the subject of the contract, are there any other aspects that should be taken into consideration when negotiating or drafting the contract? (Chapter VIII)
• What should I look out for if image rights are involved in the contract I am dealing with? (Chapter IX)
• What should I do if my co-contractor is in breach of contract? (Chapter X)
• What services, organisations or institutions can I contact for help in drafting, negotiating and/or monitoring the execution of the contract? (Chapter XI)

The guide is designed to be consulted directly on each of the aforementioned issues. A detailed glossary and table of contents will make it easier for you to find the answers to your questions.

Target audience of the guide

The target audiences of this guide are companies (small, medium and large enterprises), business federations, universities, research centres that use intellectual property rights, as well as intermediaries providing advice or support in the field of intellectual property (industrial property agents, lawyers, public institutions in charge of promoting innovation, in-house lawyers, PATLIB centres, patent units, collective rights collecting societies, etc.)

Please note that the guide provides an overview of the legal system in force in Belgium (which also includes European Union law). The various topics discussed in the guide are therefore addressed based on the assumption that Belgian law is applicable. Furthermore, the proposed standard clauses must be adapted to each situation or case. We therefore recommend that you supplement the information given in the guide by seeking professional assistance.

The guide is available in Dutch and French. It will be updated periodically in the light of changes in the applicable law and the lessons learned from making it available to users of the Belgian intellectual property system.

Do you have suggestions for improving the Guide or would you like to draw our attention to any aspect of it? Do not hesitate to contact us.