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Our flexible and powerful Deed of Assignment of Intellectual Property allows for the transfer of all types (more than 10) of intellectual property rights.
Our automated Deed of Assignment of Intellectual Property solution allows not only for the assignment of existing IP rights, but it also gives the option to transfer IP rights that may arise in the future as part of a contemplated arrangement.
Examples of such contemplated arrangements include services that may be provided by one party to the other, such as under an employment or independent contractor relationship.
It is also common for intellectual property rights to be assigned as part of another transaction such as the sale of a business.
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A force majeure clause is a method of allocating the risk of a disruptive event. It is a broad catch-all provision whereby the parties list categories or specific instances of otherwise frustrating events, together with the party or parties to bear the risk of the event occurring.
The clause can also grant options to vary, suspend or terminate the contract to one or more of the parties. [1]
Force majeure clauses form part of a contract’s express terms, subject to the conventional methods of construction.
Absent a force majeure clause, it is unlikely a contract’s commercial purpose would suggest that such a provision is so apparent that it goes without saying [2], meaning a court is likely to refuse to imply it.
Further Reading:
For a more detailed discussion please refer to our blog article “Force Majeure Clauses & Frustration: Why the COVID-19 Pandemic is a Wake-Up Call" by Shakvaan Wijetunga | Virtual Intern at Blue Ocean Law Group℠.
Footnotes:
[1] Eg., Yara Nipro P/L v Interfert Australia P/L [2010] QCA 128, [26].
[2] BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266, 283.
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