What is Background IPR
The devil is in the details when it comes to definitions.
Usually, Intellectual Property Rights is defined separately from Background IPR, and you should therefore start with the definition of Intellectual Property Rights.
The Intellectual Property Rights definition may also contain various embedded defined terms. For example, Know-How and Patents.
We like to keep all these definitions close together under the Intellectual Property clause, so you don’t have to page back and forth between the definition section and the clause.
Here are examples of definitions that you may need when building your Intellectual Property clause:
Backround IPR means, by reference to a Party, all Intellectual Property Rights, excluding Foreground IPR, owned by such Party or any of its Affiliates, or licensed or made available by a third party to such Party and under which such Party is authorised to grant licenses.
Intellectual Property Rights means unpatented inventions, Patents, trademarks, service marks, trade names, domain names, copyrights (including rights in software), moral rights, rights in designs, Know-How, database rights, topography rights, mask work rights, utility models and all other intellectual property rights and forms of protection of a similar nature, licences to such rights, in each case whether registered or pending registration, and rights to apply for any such rights.
Know-How means all knowledge, drawings, specifications, samples, models, instructions, algorithms, working methods, ideas, concepts, technology, applied development engineering data, reports, notes and all other technical or commercial information, data and documents of any kind.
Patent means all patents and patent applications in any jurisdiction in the world, including any divisional, continuation, continuation-in-part, reissue, renewal, re-examination or extension thereof.