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Intellectual Property

Copyright and trademark related agreements.

24 documents · Available across Indian states

TO THE CONTROLLER OF DESIGNS

The Patent Office, Kolkata Date: Subject: Application for registration of a design under the Designs Act, 2000 Sir/Madam, 1. APPLICANT Name : Address : Nationality : 2. THE DESIGN Article : Class : 3. STATEMENT OF NOVELTY 4. Subject to any disclosure stated in paragraph 5, the Applicant states that the design is NEW OR ORIGINAL, has not been disclosed to the public anywhere in India or in any other country by publication or by use or in any other way prior to the filing date, is significantly distinguishable from known designs or combinations of known designs, and does not comprise or contain scandalous or obscene matter. 5. PRIOR DISCLOSURE Date of any disclosure of the design before the filing date: If no date is stated above, the Applicant states that the design has not been disclosed before the filing date. Where a date is stated, particulars of the disclosure and the provision of the Designs Act, 2000 relied on (such as section 16 or section 21) are set out in a separate statement filed with this application. 6. The Applicant claims to be the proprietor of the said design and…

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Design Registration Application Cover Letter

Apply to register the shape, configuration or ornamentation of an article under the Designs Act.

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TO THE CONTROLLER OF PATENTS

STATEMENT REGARDING THE WORKING OF A PATENTED INVENTION ON A COMMERCIAL SCALE IN INDIA (Section 146(2) of the Patents Act, 1970, read with the Patents Rules, 2003) Patent number : Patentee/licensee: Period covered : 1. STATUS The patented invention has been: 2. IF WORKED: PARTICULARS 3. IF NOT WORKED: REASONS AND STEPS BEING TAKEN 4. AVAILABILITY FOR LICENSING 5. LICENSEES AND SUB-LICENSEES 6. I/We state that the information given above is true to the best of my/our knowledge and belief. Place: Date: PATENTEE / LICENSEE THIS IS A STATUTORY OBLIGATION, NOT AN OPTIONAL RETURN India is unusual in requiring patentees to tell the Patent Office whether their patent is actually being WORKED (used commercially in India) rather than merely held. Section 146 of the Patents Act, 1970 imposes the duty, and it applies to every patentee and every licensee. FAILING TO FILE, OR FURNISHING FALSE INFORMATION, CARRIES PENALTIES. Failing to supply the information, or furnishing information known to be false, attracts a monetary penalty under section 122 (the Jan Vishwas Act, 2023 replaced the earlier…

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Statement of Working of a Patent (Form 27)

The periodic statement (Form 27) every Indian patentee must file on whether the patent is being worked.

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BEFORE THE REGISTRAR OF TRADE MARKS

PETITION FOR RECTIFICATION OF THE REGISTER UNDER SECTIONS 47 AND 57 OF THE TRADE MARKS ACT, 1999 Impugned registration no. : Mark : Class(es) : Registered proprietor : ... APPLICANT MOST RESPECTFULLY SHOWETH: 1. THE APPLICANT'S INTEREST 2. That the Applicant is accordingly a PERSON AGGRIEVED within the meaning of the Act, and is competent to maintain this petition. 3. GROUNDS FOR RECTIFICATION 4. That the entry complained of is an entry made in the register without sufficient cause, or wrongly remaining on the register, or contains an error or defect, and ought to be cancelled, expunged or varied under Section 57 of the Act. 5. That, further and in the alternative, the impugned mark is liable to be removed under Section 47 on the ground of non-use, no bona fide use of the mark in relation to the goods or services in question having been made by the proprietor for the continuous period prescribed by the Act. 6. That it is in the public interest that the register should be a true record, and that marks which ought not to remain on it should be removed, so that the register does not…

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Petition for Rectification of the Register of Trade Marks

Apply to remove or correct a trademark wrongly on the register — including one nobody is using.

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TO THE REGISTRAR OF TRADE MARKS

APPLICATION FOR RENEWAL OF REGISTRATION OF A TRADE MARK Registration no. : Mark : Class(es) : Registered proprietor: Registered / last renewed on : Due to expire on : Sir/Madam, 1. The Applicant is the registered proprietor of the trade mark bearing the above registration number. 2. The Applicant hereby applies for RENEWAL of the registration of the said mark for a further period of TEN YEARS from the date of expiry, under Section 25 of the Trade Marks Act, 1999. 3. The prescribed fee accompanies this application. 4. The particulars stated above are correct to the best of the Applicant's knowledge. Place: Date: REGISTERED PROPRIETOR Through agent/attorney (if any): DIARISE THE EXPIRY THE DAY YOU REGISTER A trademark registration lasts TEN YEARS and is renewable indefinitely for further ten-year periods. Nothing about that is difficult; marks are lost because nobody was watching the date, not because renewal is hard. THE SEQUENCE AFTER EXPIRY, and the cost rises at each step: BEFORE EXPIRY renew on payment of the prescribed fee. An application may be made in the months leading up to…

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Trademark Renewal Application

Renew a registered trademark before it lapses, or restore it if it already has.

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COPYRIGHT ASSIGNMENT DEED

This Deed is executed on between , residing at (hereinafter "the Assignor"), and , residing at (hereinafter "the Assignee"). WHEREAS the Assignor is the creator and owner of the copyright in the work described below (the "Work"), and has agreed to assign the same to the Assignee on the terms of this Deed. WORK DESCRIBED 1. ASSIGNMENT The Assignor hereby assigns to the Assignee the copyright in the Work, to the extent set out in clauses 2 to 4 below, for the consideration of . 2. RIGHTS ASSIGNED Rights assigned: Where no rights are specified above, the assignment is of the whole of the copyright in the Work, that is, all the rights comprised in copyright under section 14 of the Copyright Act, 1957, together with all right, title and interest of the Assignor in the copyright. 3. DURATION Duration of the assignment: Where no duration is specified above, the assignment is for the full term of copyright in the Work. 4. TERRITORY Territory: Where no territory is specified above, the assignment extends throughout the world. 5. ROYALTY Royalty payable, if any: Where no royalty is specified…

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Copyright Assignment Deed

Transfers copyright ownership of a work from the creator to another party.

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TRADEMARK LICENSE AGREEMENT

This Agreement is executed on between (hereinafter "the Licensor") and (hereinafter "the Licensee"). WHEREAS the Licensor is the owner of the trademark described below and has agreed to license its use to the Licensee. TRADEMARK DESCRIBED 1. GRANT OF LICENSE The Licensor grants the Licensee a non-exclusive license to use the trademark solely for: 2. TERM This license shall remain in force for months from the effective date, unless earlier terminated. 3. FEES 4. QUALITY CONTROL The Licensee shall use the trademark only in the manner and quality approved by the Licensor, and shall not use it in any way that harms the Licensor's reputation or the trademark's distinctiveness. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. LICENSOR LICENSEE

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Trademark License Agreement

Permits another party to use a registered trademark under agreed conditions.

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TRADEMARK ASSIGNMENT DEED

This Deed is executed on between (hereinafter "the Assignor") and (hereinafter "the Assignee"). WHEREAS the Assignor is the registered owner of the trademark described below and has agreed to assign it to the Assignee. TRADEMARK DESCRIBED 1. ASSIGNMENT The Assignor hereby assigns to the Assignee all rights, title, and interest in the above trademark, together with the goodwill of the business associated with it, for the consideration of . 2. REGISTRATION The parties agree to execute all documents and take all steps necessary to record this assignment with the Registrar of Trade Marks. IN WITNESS WHEREOF the parties have executed this Deed on the date first written above. ASSIGNOR ASSIGNEE

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Trademark Assignment Deed

Permanently transfers ownership of a registered trademark from one party to another.

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SOFTWARE LICENSE AGREEMENT

This Agreement is executed on between (hereinafter "the Licensor") and (hereinafter "the Licensee"). WHEREAS the Licensor owns the software described below and has agreed to license its use to the Licensee. SOFTWARE DESCRIBED 1. GRANT OF LICENSE The Licensor grants the Licensee a license to use the software as follows: . 2. FEES 3. TERM This license shall remain in force for years from the effective date, unless terminated earlier. 4. OWNERSHIP The Licensor retains all ownership rights in the software. This Agreement grants only a license to use it, not a transfer of ownership. 5. RESTRICTIONS The Licensee shall not reverse engineer, redistribute, or sublicense the software without the Licensor's prior written consent. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. LICENSOR LICENSEE

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Software License Agreement

Grants a licensee the right to use software developed or owned by the licensor.

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PATENT ASSIGNMENT DEED

This Deed is executed on between (hereinafter "the Assignor") and (hereinafter "the Assignee"). WHEREAS the Assignor is the owner of the patent/patent application described below and has agreed to assign it to the Assignee. PATENT DESCRIBED 1. ASSIGNMENT The Assignor hereby assigns to the Assignee all rights, title, and interest in the above patent/application, for the consideration of . 2. OTHER TERMS The following further terms and conditions agreed between the parties form part of this assignment: 3. ENTIRE TERMS This Deed, including clause 2, embodies all the terms and conditions governing the rights and obligations of the parties in relation to this assignment, as required by Section 68 of the Patents Act, 1970. If no further terms are set out in clause 2, the parties have agreed none. 4. REGISTRATION The parties agree to execute all documents and take all steps necessary to register the Assignee's title with the Controller of Patents under Section 69 of the Patents Act, 1970. IN WITNESS WHEREOF the parties have executed this Deed on the date first written above. ASSIGNOR…

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Patent Assignment Deed

Transfers ownership of a patent or patent application from one party to another.

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NON-DISCLOSURE AGREEMENT

This Agreement is executed on between (hereinafter "the Inventor") and (hereinafter "the Recipient"). WHEREAS the Inventor wishes to disclose certain confidential information relating to an invention or idea to the Recipient for the purpose of . INVENTION DESCRIBED 1. CONFIDENTIALITY The Recipient agrees to hold the above information in strict confidence and shall not disclose, use, or exploit it for any purpose other than , without the Inventor's prior written consent. 2. NO LICENSE GRANTED Nothing in this Agreement grants the Recipient any right or license to use, develop, or commercialize the invention. 3. TERM This Agreement shall remain in force for months from the effective date. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. INVENTOR RECIPIENT

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NDA for Inventors and Innovators

Protects an unpatented invention or idea when discussing it with a potential partner or investor.

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DESIGN ASSIGNMENT DEED

This Deed is executed on between (hereinafter "the Assignor") and (hereinafter "the Assignee"). WHEREAS the Assignor is the registered proprietor of the design described below and has agreed to assign it to the Assignee. DESIGN DESCRIBED 1. ASSIGNMENT The Assignor hereby assigns to the Assignee all rights, title, and interest in the above registered design, for the consideration of . 2. REGISTRATION The parties agree to execute all documents necessary to record this assignment with the Design Office. IN WITNESS WHEREOF the parties have executed this Deed on the date first written above. ASSIGNOR ASSIGNEE

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Design Registration Assignment Deed

Transfers ownership of a registered industrial design from one party to another.

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COPYRIGHT LICENSE AGREEMENT

This Agreement is executed on between (hereinafter "the Licensor") and (hereinafter "the Licensee"). WHEREAS the Licensor owns the copyright in the work described below and has agreed to license its use to the Licensee. WORK DESCRIBED 1. GRANT OF LICENSE 1.1 The Licensor grants the Licensee a license to use the work as follows: 1.2 Territory: Where no territory is stated in this clause 1, the license is limited to India. 1.3 Nature of license: Unless this clause 1 states that the license is exclusive, the license is non-exclusive and the Licensor remains free to license the work to others. 1.4 All rights in the work not expressly granted by this Agreement are reserved to the Licensor. 2. ROYALTY 3. TERM This license shall remain in force for years from the effective date. 4. OWNERSHIP RETAINED The Licensor retains ownership of the copyright. This Agreement grants only a license to use the work, not a transfer of ownership. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. LICENSOR LICENSEE

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Copyright License Agreement

Grants a licensee the right to use copyrighted work, while the copyright owner retains ownership, distinct from an assignment.

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TRADE SECRET PROTECTION AGREEMENT

This Agreement is executed on between (hereinafter "the Owner") and (hereinafter "the Recipient"). WHEREAS the Owner possesses a trade secret described below and has agreed to grant the Recipient access under strict protective conditions. TRADE SECRET DESCRIBED 1. ACCESS PROTOCOLS 2. NON-DISCLOSURE The Recipient shall not disclose, reproduce, or use the trade secret for any purpose other than that expressly authorized by the Owner. 3. TERM This Agreement shall remain in force for years, and the confidentiality obligations shall survive termination for as long as the information remains a trade secret. 4. REMEDIES A breach may cause irreparable harm, entitling the Owner to seek injunctive relief in addition to damages. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. OWNER RECIPIENT

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Trade Secret Protection Agreement

Formal protocol protecting a specific trade secret, more structured than a general NDA.

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BEFORE THE REGISTRAR OF TRADE MARKS

REPLY TO EXAMINATION REPORT Application No. : Mark : Class(es) : Applicant : Examination report dated: Sir/Madam, The Applicant submits this reply to the objections raised in the examination report, and states as follows: 1. OBJECTIONS RAISED 2. THE APPLICANT'S SUBMISSIONS 3. FURTHER SUBMISSIONS 3.1 That the mark applied for is distinctive, is capable of distinguishing the Applicant's goods or services from those of others, and does not fall foul of Section 9 of the Trade Marks Act, 1999. 3.2 That the mark is neither identical with nor deceptively similar to any cited mark, when compared as a whole rather than by dissecting it into parts. The marks differ in appearance, in the idea conveyed, and in phonetic effect, and the goods or services and trade channels are distinct. 3.3 That there is no likelihood of confusion or deception among the relevant public, who are reasonably informed and observant. 3.4 That the Applicant has adopted the mark honestly and in good faith, and has no intention of trading upon the goodwill of any other proprietor. 4. EVIDENCE OF USE The Applicant relies…

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Trademark Registration Objection Reply

Reply to an examination report objection raised against a trademark application

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IP ASSIGNMENT AGREEMENT (EMPLOYEE INVENTIO…

This Agreement is executed on (the "Effective Date") between (hereinafter "the Employer") and , working as (hereinafter "the Employee"). SCOPE OF WORK 1. ASSIGNMENT 1.1 The Employee irrevocably assigns to the Employer all right, title, and interest in every invention, design, source code, and other copyrightable or patentable work created within the scope of work described above, including all rights to apply for and hold patents, copyrights, and other IP registrations arising from such work. 1.2 The assignment of copyright is of all the rights comprised in the copyright, for the full term of copyright, throughout the world. The assignment of other intellectual property extends to all countries. The parties agree that the assignment shall not be deemed to lapse if the Employer does not exercise any of the assigned rights within one year from the date of assignment. 1.3 Where a work or invention comes into existence after the date of this Agreement, the assignment takes effect when it comes into existence. 1.4 The assignment does not extend to any invention or work created by the…

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IP Assignment Agreement for Employee Inventions

Assigns an employee's work-related inventions and creations to the employer

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DOMAIN NAME ASSIGNMENT AGREEMENT

This Agreement is executed on between (hereinafter "the Assignor") and (hereinafter "the Assignee"). WHEREAS the Assignor is the registered owner of the domain name and has agreed to transfer all rights therein to the Assignee on the terms below. 1. ASSIGNMENT The Assignor irrevocably transfers and assigns to the Assignee all right, title, and interest in the domain name , including its registration, any associated goodwill, and any content hosted under it as of the effective date. 2. CONSIDERATION The Assignee shall pay the Assignor Rs. as full and final consideration for this assignment. 3. TRANSFER PROCESS The Assignor shall initiate the registrar transfer process (auth/EPP code, unlocking, and approval of the transfer) within 7 days of receipt of consideration. 4. WARRANTY The Assignor warrants that the domain is free of any encumbrance, dispute, or third-party claim as of the effective date. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. ASSIGNOR ASSIGNEE

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Domain Name Assignment Agreement

Transfers ownership of a registered domain name from one party to another

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FRANCHISE IP LICENSING AGREEMENT

This Agreement is executed on between (hereinafter "the Franchisor") and (hereinafter "the Franchisee"). 1. GRANT OF LICENSE The Franchisor grants the Franchisee a non-exclusive, non-transferable license to use the trademark, trade name, and associated trade dress "" within , solely in connection with the operation of the franchised business. 2. ROYALTY The Franchisee shall pay the Franchisor a royalty of % of gross revenue, payable as agreed between the parties. 3. TERM This license shall remain in force for years from the effective date, unless earlier terminated for breach. 4. QUALITY CONTROL The Franchisee shall maintain the quality standards, branding guidelines, and operating procedures prescribed by the Franchisor from time to time. 5. NO OWNERSHIP TRANSFER Nothing in this Agreement transfers any ownership in the licensed IP to the Franchisee; all goodwill generated shall inure to the benefit of the Franchisor. 6. TERMINATION Upon termination or expiry, the Franchisee shall immediately cease all use of the licensed IP and remove all branded signage and material. IN WITNESS…

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Franchise IP Licensing Agreement

Licenses a franchisor's trademarks, trade dress, and know-how to a franchisee

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COVER LETTER: APPLICATION FOR COPYRIGHT RE…

To, The Registrar of Copyrights Copyright Office, New Delhi Subject: Application for registration of copyright in the work titled "" I, , submit this letter with my application for registration of copyright, made with the prescribed fee and statement of particulars, in respect of the following work: Title of work: Class of work: Date of creation/first publication: Diary No. of the online application: I declare that the above particulars are true to the best of my knowledge and that I am the author/owner of the copyright in the said work. Date:

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Copyright Registration Application Cover Letter

Cover letter accompanying an application for copyright registration

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CEASE AND DESIST NOTICE

BY REGISTERED POST WITH ACKNOWLEDGMENT DUE / EMAIL Date: To, Subject: Infringement of intellectual property rights of — demand to cease and desist Sir/Madam, Under instructions from and on behalf of my client , of (hereinafter "my Client"), I hereby serve upon you the following notice: 1. MY CLIENT'S RIGHTS 1.1 My Client is the proprietor and lawful owner of the following intellectual property: 1.2 My Client has expended considerable time, effort and money in creating, developing and promoting the said , which enjoys substantial goodwill and reputation, and which is exclusively associated with my Client in the minds of the trade and the public. 2. YOUR INFRINGING CONDUCT 2.1 It has come to my Client's notice that you are engaged in the following: 2.2 Your conduct constitutes infringement of my Client's statutory and common-law rights, and amounts to passing off. It is calculated to deceive and is likely to cause confusion in the minds of consumers, who are likely to believe that your goods or services originate from, or are connected with, my Client. 2.3 Your conduct is causing, and…

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Cease and Desist Notice (IP Infringement)

Demands that an infringer stop using your trademark, copyright or design

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BEFORE THE REGISTRAR OF TRADE MARKS

NOTICE OF OPPOSITION UNDER SECTION 21 OF THE TRADE MARKS ACT, 1999 IN THE MATTER OF Application No. for registration of the mark "" in the name of , advertised in the Trade Marks Journal Journal No. and date: AND IN THE MATTER OF OPPOSITION THERETO BY: ... OPPONENT The Opponent hereby gives notice of opposition to the registration of the above application, on the following grounds: 1. THE OPPONENT'S PRIOR RIGHTS The Opponent relies on the rights set out above, including any registration, prior adoption and use, and goodwill and reputation described there, and craves leave to file evidence in support of them. 2. GROUNDS OF OPPOSITION 3. FURTHER GROUNDS Each of the following grounds is pleaded in the alternative and without prejudice to the others. 3.1 That the impugned mark is identical with, or deceptively similar to, the Opponent's prior mark, and is sought to be registered in respect of identical or similar goods or services. Its registration is therefore liable to be refused under Section 11 of the Trade Marks Act, 1999, there being a likelihood of confusion on the part of the…

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Trademark Opposition Notice

Opposes a third party's trademark application after its advertisement in the Journal

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CONTENT LICENSING AGREEMENT

This AGREEMENT is made on between , of (the "Licensor"), and , of (the "Licensee"). 1. THE CONTENT The Licensor is the owner of the copyright in the following (the "Content"): 2. GRANT OF LICENCE 2.1 The Licensor grants the Licensee a licence to reproduce, publish, communicate to the public and display the Content, on the following terms: Nature of licence (exclusive or non-exclusive): Territory: Media and platforms: If the nature of the licence is not stated above, the licence is non-exclusive. If no territory is stated above, the territory is India. 2.2 The licence is limited to the rights expressly granted. All rights not expressly granted are reserved to the Licensor. 2.3 The Licensee shall not sublicense, assign or transfer the licence without the Licensor's prior written consent. 3. TERM This licence subsists for years from the Effective Date, and shall expire automatically thereafter unless renewed in writing. 4. LICENCE FEE 4.1 The Licensee shall pay the Licensor Rs. as the licence fee. 4.2 The fee is exclusive of Goods and Services Tax and is subject to deduction of tax at…

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Content Licensing Agreement

Licenses written, visual or audio content for defined use, media and territory

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INFLUENCER COLLABORATION AGREEMENT

This AGREEMENT is made on between , of (the "Brand"), and , of (the "Creator"). 1. ENGAGEMENT The Brand engages the Creator to create and publish promotional content on the platforms and handles stated below, or if none are stated, on the platforms named in the deliverables. Platforms and handles: 2. DELIVERABLES The Creator shall submit each deliverable to the Brand for approval before publication, and the Brand shall approve or request changes within three working days. 3. FEE 3.1 The Brand shall pay the Creator Rs. for the deliverables. 3.2 The fee is exclusive of Goods and Services Tax where the Creator is registered, and is subject to deduction of tax at source under applicable income-tax law (at present the Income-tax Act, 2025). 3.3 Where products are supplied in addition to or in lieu of fees, their value shall be treated as consideration and taxed accordingly. 4. MANDATORY DISCLOSURE 4.1 The Creator SHALL clearly and prominently disclose the commercial nature of the content, using a disclosure label such as "#ad", "#sponsored", "#paidpartnership" or "#collaboration", placed…

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Influencer / Brand Collaboration Agreement

Engages a content creator to promote a brand, covering deliverables, IP and disclosure

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ONLINE CONTENT TAKEDOWN NOTICE

The Grievance Officer / Nodal Officer Date: Subject: Notice for removal of infringing content Sir/Madam, 1. COMPLAINANT'S DETAILS Name : Address : Email : 2. THE ORIGINAL WORK AND MY RIGHTS I am the owner of the rights in the above work, or am authorised to act on behalf of the owner, and the use complained of has not been licensed or authorised by me or by the owner. 3. THE INFRINGING CONTENT The following content hosted on your platform infringes my rights: 4. BASIS OF THE COMPLAINT 5. DEMAND I hereby call upon you to: (a) EXPEDITIOUSLY REMOVE or DISABLE ACCESS to the content identified above; (b) Confirm to me in writing the action taken and the date on which it was taken; (c) Preserve all records relating to the uploading of the said content, including subscriber information, IP logs and timestamps, for such period as may be required for legal proceedings; and (d) Take steps to prevent the same content being re-uploaded. 6. STATUTORY BASIS 6.1 Under Section 79 of the Information Technology Act, 2000, an intermediary is exempt from liability for third-party content only where it…

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Online Content Takedown Notice

Notice to a platform or intermediary demanding removal of infringing content

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JOINT INTELLECTUAL PROPERTY OWNERSHIP AGRE…

This AGREEMENT is made on between , of ("First Party"), and , of ("Second Party"), together the "Parties". 1. THE JOINTLY OWNED IP The Parties have jointly created, or shall jointly create, the following intellectual property (the "Joint IP"): 2. OWNERSHIP 2.1 The Joint IP shall be owned by the Parties jointly in the following proportion (if no proportion is stated here, in equal shares): 2.2 Each Party's interest is an undivided interest in the whole, and not an interest in any severable part. 2.3 Each Party retains sole ownership of its own pre-existing intellectual property, which does not become Joint IP merely by being combined with it. 3. EXPLOITATION 3.1 Neither Party shall license, assign, charge or otherwise dispose of the Joint IP, or any interest in it, WITHOUT THE PRIOR WRITTEN CONSENT of the other Party. 3.2 Neither Party shall grant an exclusive licence over the Joint IP without such consent. 3.3 Each Party may use the Joint IP for its own internal purposes without consent, subject to the revenue-sharing provisions below. 4. REVENUE SHARING Where no basis of sharing is…

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Joint IP Ownership Agreement

Governs co-ownership of intellectual property created jointly by two or more parties

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Guides on Intellectual Property

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