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Software Intellectual Property Rights Agreement

Software Intellectual Property Rights Agreement Template for Nigeria

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Key Requirements PROMPT example:

Software Intellectual Property Rights Agreement

"I need a Software Intellectual Property Rights Agreement under Nigerian law for a new AI-powered fintech application that my Lagos-based company is developing in partnership with a UK software company, with joint ownership of IP and source code escrow provisions."

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Document background
The Software Intellectual Property Rights Agreement is essential for technology transactions in Nigeria where software ownership, development, or licensing is involved. This document is particularly crucial given Nigeria's growing technology sector and the need to protect intellectual property rights in software development and distribution. It is typically used when companies need to establish clear ownership of software IP, transfer software rights, or create licensing arrangements. The agreement must comply with Nigerian legislation, including the Copyright Act, Patents and Designs Act, and where applicable, NOTAP requirements for foreign technology transfers. It includes comprehensive provisions covering ownership rights, usage terms, technological specifications, and commercial arrangements, making it suitable for both domestic and international software transactions within the Nigerian legal framework.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including registered addresses and company details

2. Background: Context of the agreement, including brief description of the software and the purpose of the agreement

3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms specific to the software

4. Scope of Rights: Detailed specification of the intellectual property rights being granted or transferred

5. Ownership and Assignment: Clear statement of ownership of existing and newly created IP, including assignment provisions

6. License Grant: Terms of software license, including scope, territory, and duration

7. Payment Terms: Financial terms including license fees, royalties, and payment schedules

8. Warranties and Representations: Warranties regarding ownership, non-infringement, and software functionality

9. Confidentiality: Protection of confidential information and trade secrets

10. Term and Termination: Duration of agreement and circumstances for termination

11. Post-Termination Obligations: Obligations of parties after agreement termination

12. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes

13. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties

Optional Sections

1. Source Code Escrow: Terms for source code escrow arrangement - include when source code access might be needed

2. Development Obligations: Include when ongoing software development is part of the agreement

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

4. Training: Include when training services are to be provided

5. Data Protection: Include when personal data processing is involved

6. Export Control: Include for international transactions subject to export controls

7. NOTAP Registration: Include when agreement involves foreign technology transfer requiring NOTAP registration

8. Third Party Software: Include when third-party software components are involved

9. Performance Standards: Include when specific performance metrics need to be met

10. Security Requirements: Include when specific security standards or certifications are required

Suggested Schedules

1. Software Description: Detailed technical description of the software, including specifications and functionality

2. IP Rights Register: Comprehensive list of all intellectual property rights covered by the agreement

3. Commercial Terms: Detailed payment terms, pricing structures, and commercial conditions

4. Technical Requirements: Technical specifications, system requirements, and compatibility requirements

5. Service Level Agreement: Performance metrics and service levels if maintenance is included

6. Security Standards: Required security standards and compliance requirements

7. Accepted Testing Procedures: Testing and acceptance criteria for software deliverables

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
Agreement
Software
Intellectual Property Rights
Source Code
Object Code
Documentation
Confidential Information
Background IP
Foreground IP
Derivative Works
Effective Date
Territory
License
Modifications
Improvements
Third Party Software
Acceptance Tests
Acceptance Criteria
Licensed Users
Permitted Purpose
Development Environment
Technical Specifications
Intellectual Property Claims
NOTAP
Maintenance Services
Support Services
Updates
Upgrades
Release
Version
API
User Interface
Software Components
Escrow Agent
Escrow Materials
Implementation Services
Payment Terms
Force Majeure Event
Breach
Working Day
Affiliate
Authorized Representative
Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare

Education

Telecommunications

E-commerce

Manufacturing

Professional Services

Media and Entertainment

Energy

Government and Public Sector

Relevant Teams

Legal

Information Technology

Software Development

Compliance

Intellectual Property

Business Development

Procurement

Research and Development

Product Management

Operations

Relevant Roles

Chief Technology Officer

Legal Counsel

IP Rights Manager

Software Development Manager

Contracts Manager

Technology Transfer Officer

Compliance Officer

Business Development Manager

Software Licensing Manager

Chief Legal Officer

Head of IT

Software Project Manager

Technology Procurement Manager

General Counsel

IP Rights Attorney

Industries
Copyright Act, Cap C28, Laws of the Federation of Nigeria 2004: Primary legislation governing intellectual property rights in Nigeria, particularly relevant for software protection as literary works
Patents and Designs Act, Cap P2, Laws of the Federation of Nigeria 2004: Regulates patent rights and industrial designs, which may be relevant for software-related inventions and graphical user interfaces
National Office for Technology Acquisition and Promotion (NOTAP) Act: Governs technology transfer agreements and requires registration of agreements involving transfer of foreign technology to Nigerian entities
Nigerian Investment Promotion Commission (NIPC) Act: Relevant for foreign investment aspects and protection of intellectual property rights of foreign companies in Nigeria
Federal Competition and Consumer Protection Act 2018: Ensures fair competition and may affect restrictive clauses in software licensing agreements
Evidence Act 2011: Particularly Section 84 which deals with the admissibility of electronic evidence and computer-generated documents
Cybercrimes (Prohibition, Prevention, etc.) Act 2015: Provides legal framework for cybersecurity and may affect software security obligations and liability provisions
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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