In an agreement in which IP is allowed, there is no transfer of ownership. Therefore, the agreement must include a clause that delineates the specific rights of use granted to the licensee. Clear terms such as "licensing" should be used. 1.1.7. Film distribution agreement: producers must also conclude different distribution agreements with several distributors in order to distribute the film in cinemas located in different areas. Essentially, under these agreements, the distribution benefits from a limited license or mandate to communicate the film to the public through film distribution. The duration of these agreements is limited to the period during which the film is distributed in cinemas. 5.1.1. In the event that the parties agree on payment by instalments, the timetable shall be clearly defined in the agreement. 1.1.6. Financing contract/film investment contract: the producer can enter into agreements with different people to obtain funds for the making of a film. These agreements can be structured in a variety of ways and, in some cases, lead to the transfer of intellectual property.
Some types of investment agreements are discussed below: One of the most recent English cases reported in this clause is that of Dyer. 20 In the present case, a practitioner signed a non-competition clause with his apprentice to waive his debts if he does not work in the same city six months after the end of his apprenticeship. The Court annulled the clause for breach of public policy. In the latter case, Mitchel v. Reynolds, 21, considered that restrictive agreements of an unintentional nature to restrict trade were void, while voluntary agreements should be allowed, provided they were specific, on the basis of the interest of the employer or former owner, adequacy, extent, date and place of the agreement. In PepsiCo Inc. v. Redmond 22 These clauses were applied to prevent an employee from working with a competitor. The court ruled in PepsiCo`s favor on the grounds that because of Quaker`s position and Redmond`s access to sensitive marketing and distribution strategies due to his leadership position at PepsiCo, Redmond would inevitably have disclosed PepsiCo`s trade secrets and confidential information if he immediately accepted the job offer. iv.C confidentiality clause is the most important for know-how. Confidential information must be clearly identified as such. If the information is highly technical, this clause should be formulated in an industry-specific way.
The consequences of an infringement must be clearly identified. Example: "The franchisee agrees that the franchisee is the sole and exclusive owner of the marks and has every right to control the use of the marks by the franchisee. For the purpose of eliminating doubts, the Franchisee agrees and confirms that it has not acquired any right, title or interest in the Marks and that its limited right to use the Marks is governed by the terms of this Agreement. In addition, the franchisee agrees not to register trademarks, logos or domain names identical or similar to the trademarks in his name or in the name of a legal person or any related person. 2.8 Subject to the confidential treatment of the University`s confidential information by the University Sponsor, which may be disclosed in connection with such information, the University grants the Promoter a fully paid-up and non-exclusive license under its copyright, to make an appropriate number of copies to meet its internal needs and to produce derivative works of each written report; which is established in accordance with this Agreement and delivered to the Sponsor. . . .