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A: Yes, you can. If a team has created something under a contract, then the assignment of Intellectual Property can be stipulated. If there is no contract, then it is very likely all team members will have a claim to the rights of the Intellectual Property and later down the line it might be worth creating an agreement to re-assign the rights.
A: Some examples of IP rights are copyright, design rights, trademarks, patents and trade secrets.
A: Moral rights are linked to copyright, but are slightly different. Moral rights relate to authors maintaining control over creative works. The main points to note are:
- that the author has a right to be named on the work,
- the author has a right for the work not to suffer degradation and
- the author has the right for their work not to be show.
A: No, if you draft your intellectual property assignment as a “deed”, as opposed to a “contract”.