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Software Intellectual Property Rights Agreement

Software Intellectual Property Rights Agreement Template for Malaysia

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Key Requirements PROMPT example:

Software Intellectual Property Rights Agreement

"I need a Software Intellectual Property Rights Agreement for transferring complete ownership of our custom-built enterprise resource planning software to a Malaysian manufacturing company, with the transfer to be completed by March 2025."

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Document background
The Software Intellectual Property Rights Agreement is essential for technology transactions in Malaysia where software ownership, licensing, or transfer is involved. This document becomes necessary when parties need to clearly establish and document their rights and obligations regarding software intellectual property, whether in the context of a sale, development project, or licensing arrangement. It addresses crucial elements such as ownership rights, usage permissions, modification rights, and confidentiality obligations, while ensuring compliance with Malaysian legislation including the Copyright Act 1987, Patents Act 1983, and Personal Data Protection Act 2010. The agreement is particularly important in protecting valuable intellectual property assets and preventing future disputes over software ownership and usage rights.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, describing the software and the purpose of the IP rights transfer or license

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Software', 'Intellectual Property Rights', 'Source Code', etc.

4. Grant of Rights: Specific IP rights being transferred or licensed, including scope, territory, and duration

5. Ownership and Protection of IP: Clear statement of IP ownership, obligations to protect IP, and handling of improvements or modifications

6. Warranties and Representations: Warranties regarding ownership, non-infringement, and quality of the software

7. Confidentiality: Obligations regarding protection of confidential information and trade secrets

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendment procedures

Optional Sections

1. Source Code Escrow: Terms for source code escrow arrangements, used when source code access is conditional

2. Maintenance and Support: Include when ongoing maintenance and support services are part of the agreement

3. Revenue Sharing: Required when there's a royalty or revenue-sharing arrangement

4. Third Party Software: Include when the software incorporates third-party components or dependencies

5. Data Protection: Required when software processes personal data or requires PDPA compliance

6. Export Control: Include for software subject to export control regulations

7. Training and Documentation: When knowledge transfer or documentation delivery is part of the agreement

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical description of the software, including features and functionality

2. Schedule 2 - IP Rights Specification: Comprehensive list of all IP rights being transferred or licensed

3. Schedule 3 - Technical Requirements: Technical specifications and performance requirements

4. Schedule 4 - Commercial Terms: Payment terms, licensing fees, or purchase price details

5. Appendix A - Acceptance Criteria: Criteria for accepting the software transfer or confirming compliance

6. Appendix B - Third Party Licenses: List of third-party software licenses and their terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Software
Source Code
Object Code
Intellectual Property Rights
Documentation
Confidential Information
Effective Date
Licensed Materials
Derivative Works
Background IP
Foreground IP
Technical Specifications
Acceptance Criteria
Business Day
Completion Date
Development Environment
License Fee
Maintenance Services
User Interface
API
Software Updates
Territory
Third Party Software
Security Requirements
Escrow Agent
Implementation Period
Acceptance Tests
Support Services
Software Module
Integration
Intellectual Property Notice
Access Credentials
Release Version
Programming Language
Database
Development Tools
Proprietary Rights
Trade Secrets
Software Architecture
User Manual
Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

E-commerce

Manufacturing

Education

Telecommunications

Professional Services

Gaming and Entertainment

Relevant Teams

Legal

Information Technology

Software Development

Intellectual Property

Compliance

Engineering

Product Development

Business Development

Operations

Risk Management

Relevant Roles

Chief Technology Officer

Legal Counsel

IP Rights Manager

Software Development Manager

Contract Manager

Technology Licensing Manager

Business Development Director

Chief Legal Officer

Software Architect

Product Manager

Chief Executive Officer

Head of Engineering

Industries
Copyright Act 1987 (Act 332): The primary legislation governing copyright protection in Malaysia, including provisions for software and computer programs as protected works
Patents Act 1983 (Act 291): Relevant for any patentable technical innovations within the software, though software per se is not patentable in Malaysia
Industrial Designs Act 1996: May be relevant if the software includes unique graphical user interfaces or design elements
Trade Marks Act 1976 (Act 175): Important for protecting any trademarks, logos, or brand elements associated with the software
Contracts Act 1950: Provides the legal framework for contract formation and enforcement in Malaysia
Digital Signature Act 1997: Relevant for electronic execution of the agreement and digital authentication
Personal Data Protection Act 2010: Essential if the software processes personal data, ensuring compliance with data protection requirements
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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