This clause defines the rights granted to the publisher or distributor. The rights may be exclusive or non-exclusive, or a combination of the two (for example. B with different exclusivity rights in different territories). As a general rule, the grant is a licence, with the fellow retaining ownership of the intellectual property. Sometimes, however, there is a mission. The assignments will be dealt with in a future article. There is a territorial clause where rights are granted in the world. This could go hand in hand with the exclusivity above; for example, there could be an exclusive license in the United States, but in the rest of the world it could not be done exclusively. This would allow the developer to enter into contracts with other publishers outside the United States. It is important to ensure that, when signing several sales or publication contracts, the rights do not overlap so that either distributor becomes an infringer.
As a general rule, the agreement contains a guarantee clause stating that the rights granted can indeed be granted. Clauses like this will be discussed next week in the second segment of this series. It is extremely important to be very specific about the rights that will be granted and to concede only what is necessary for the publisher or distributor to do its job. Excessive licensing could deprive the rights holder of the opportunity to monetize its intellectual property for a potentially long period of years. Potential licensing fees could include the right to create, copy, publish, create or sell the underlying intellectual property. Under Sherman`s Law No. 1, a territorial agreement that combines geographic areas with competitors may constitute a horizontal restriction on trade. In a horizontal territorial agreement, competing companies enter into an agreement to prevent competition or break another competitor in an exclusive geographic area. The non-competition agreement is generally a mere restriction of trade, which has no favourable justification for competition.
As such, it is in itself illegal under the Sherman Act. g. Entire Agreement. This agreement contains the entire agreement between the parties with respect to the proposed transactions and replaces all previous written and oral agreements as well as all concurrent oral agreements relating to these transactions. Although there are many clauses in the agreements, these specific clauses should be developed in a very specific way for each contract because of their factual nature. This series of blog posts aims to eliminate confusion about some of the most common clauses in contracts that game developers often sign. These first three are often found in a publication or distribution contract. They are extremely important in defining the scope of the agreement, namely the duration and where the agreement is applicable. Although there are many clauses in the agreements, these specific clauses should be developed in a very specific way for each contract because of their factual nature. The distributor is not required to challenge or challenge, for any reason, the validity, ownership or opposability of any of the company`s trademarks, directly or indirectly, or to seek, directly or indirectly, to acquire or impair the value of the good reteur related to any of the company`s trademarks, or to advise, obtain or assist third parties to do any of the above activities. The distributor will not initiate any proceedings concerning the company`s trademarks on its own behalf or on behalf of the company without the company`s express written permission.