Assignment of Intellectual Property
An Assignment of Intellectual Property allows you to transfer the ownership of intellectual property from one person or company to another. This Assignment can be used in the context of a business sale, and in other contexts.
Last updated October 23, 2025
Suitable for Australia
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What is an assignment of intellectual property?
What is an assignment of intellectual property?
An assignment of intellectual property is a legal document that transfers ownership of intellectual property rights from one person or company to another, usually in exchange for payment or other consideration.
Once it takes effect, the new owner holds the rights, and the previous owner no longer controls how the intellectual property is used.
When should you use an assignment of intellectual property?
When should you use an assignment of intellectual property?
Use it when ownership of intellectual property needs to move, such as in a business sale, when a founder assigns software, a trade mark or other IP into their company before fundraising, or when you acquire or sell patents, trade marks or designs.
Lawpath lawyers are regularly asked to move founders' IP into a company.
What should be in an assignment of intellectual property?
What should be in an assignment of intellectual property?
It should identify the parties, describe the intellectual property precisely, state the assignment date and payment terms, and include the assignor's warranties, indemnities, post-assignment obligations and GST considerations.
Describe the IP broadly enough to capture everything you intend to move, but specifically enough to identify it, for example by listing trade mark numbers or code repositories.
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Frequently asked questions
Who can assign intellectual property rights in Australia?
keyboard_arrow_upWhat types of intellectual property can be assigned, and when should I use a specific assignment instead?
keyboard_arrow_upCan I keep using or earning from intellectual property after assigning it?
keyboard_arrow_upDoes an assignment of intellectual property cover IP created before the assignment date or in the future?
keyboard_arrow_upWhat protections does an assignment of intellectual property provide?
keyboard_arrow_upWhy must an assignment of intellectual property be executed as a deed, and how is it signed?
keyboard_arrow_upWhat happens to moral rights when intellectual property is assigned?
keyboard_arrow_upDo I need to register an assignment of intellectual property, and what should I do after signing?
keyboard_arrow_upDoes assigning intellectual property have GST or tax consequences?
keyboard_arrow_upDoes an assignment of intellectual property apply Australia-wide, and what about overseas rights?
keyboard_arrow_upHow much does an assignment of intellectual property cost, template versus a lawyer?
keyboard_arrow_upView Sample Assignment of Intellectual Property
The Legal Risk Score of a Assignment of Intellectual Property Template is Medium
Our legal team have marked this document as medium risk considering:
- The document must be properly executed as a deed.
- The document allows the complete transfer of rights, titles, and ownership of intellectual property, which might expose the assignor to risks associated with losing potential future revenues or claims related to the intellectual property.
- The assignor retains moral rights, which could lead to conflicts or legal complexities if the assignee's use of the intellectual property conflicts with the original creator's moral standards or personal reputation.
Meet Our Users
Articles about Assignment of Intellectual Property
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