Assignment is in principle permitted by law, unless there is an explicit prohibition of assignment in the underlying contract or lease. Where assignments are authorized, the assignor is not required to consult with the other contracting party, but may only assign the rights on that date. However, an assignment cannot have a negative effect on the obligations of the other party and cannot reduce the likelihood that the other party will be fully implemented. The assignor generally remains liable, unless otherwise agreed. Licensing is an agreement in which a party leases the rights to use a property (for example. B intellectual property) by another party. For example, a company that holds a patent may license another company to manufacture products using that patent. As a general rule, the prohibition on the assignment of a contract does not preclude the assignment of the right to payments due, unless the circumstances indicate otherwise. Moreover, a mere exemption from assignment does not allow the contracting parties to prevent the actual assignment of contractual monetary law. Intellectual property, including patents, copyrights and trademarks, may be transferred, but special conditions are attached to the assignment of patents and trademarks.
In the United States, the assignment of a patent is governed by law, 35 U.S.C§ 261. Patent rights may be assigned by a “written act”. Ownership of a patent may also be transferred as a result of other financial transactions, such as a merger or acquisition, or as a result of the enforcement of the law, such as in the context of succession or bankruptcy proceedings. The grant of a patent may be filed with the United States Patent and Trademark Office. Although such registration is not necessary, the assignment to a subsequent assignee is not valid without notification of the prior unregistered assignment to a subsequent assignment if an assignment is not registered within three (3) months or prior to a subsequent assignment to the USPTO. Seller shall ensure that an assigned affiliate withdraws the assigned rights and obligations just prior to the end of the Buyer`s affiliate member. If the assignment is fairer than legitimate, the assignor cannot tax the assets assigned in its own name and must join the assignee in an action. The objective is to protect the debtor against any subsequent proceedings of the addressee or another assignee against the enforcement of the remedy without notification of the earlier assignment.
. . .