It is an agreement whereby one person, the assignor, transfers to another person, the assignee, all or part of their intellectual property rights in a work or invention. This type of contract is commonly used for copyright, trademarks, patents, industrial designs, or software.
The main features of an assignment agreement are as follows:
- Transfer of rights: The transfer agreement allows the transferee to exploit the work or invention in accordance with the terms defined in the agreement. This transfer may be partial (limited to certain rights, such as the right of reproduction) or total (for all economic rights).
- Onerous or gratuitous nature: The contract may provide for financial compensation for the assignor (e.g., a one-time payment or royalties) or be gratuitous.
- Delimitation of the rights assigned: The contract must specify the scope of the assignment, including the rights transferred, the duration, the territory of application, and the terms of use.
- Respect for moral rights: In the context of a copyright transfer agreement, moral rights (such as the right to respect for the work and the right of authorship) remain attached to the author even if the economic rights are transferred.
In summary, a transfer agreement is a legal document that organises the transfer of intellectual property rights between the transferor and the transferee. It allows the latter to exploit the work or invention under the agreed terms.