Compilation of all necessary documentation, preparation of copyright, licence agreements and other contracts

Preparation of all necessary documentation, drafting of copyright and licence agreements and other contracts

In the field of intellectual property, properly drafted contracts determine legal security, full ownership of rights and the ability to protect the results of creative activity. For businesses in Poland, especially creative, technological or marketing businesses, properly executed documentation is a tool that regulates the rights, obligations and financial mechanisms of the parties.

Consulting and legal support helps to avoid inaccuracies that could lead to disputes, loss of rights or limitation of commercial opportunities.

What documents does an intellectual property lawyer prepare?

The preparation of IP documentation covers various types of contracts and accompanying materials. Before concluding a contract, the lawyer analyses the legal status of the object, the scope of rights, the intentions of the parties and the possible risks.

Typical documents prepared by a specialist:

• copyright agreements for the transfer of property rights;
• licence agreements (exclusive, non-exclusive, full licences);
• agreements for the creation of a work on commission;
• non-disclosure agreements (NDAs), confidentiality agreements;
• agreements between co-developers or members of creative teams.

The lawyer ensures that each document complies with Polish law and takes into account the individual needs of the client.

Main legal risks when concluding contracts independently

Many companies try to draw up contracts themselves using templates from the internet. However, such documents often do not take into account commercial features, legislative nuances or protective mechanisms.

The most common risks when drawing up contracts independently are:

• lack of clear definition of the scope of transferred rights;
• ambiguous provisions regarding the territory and term of use of the object;
• incorrect terms of payment and financial obligations;
• lack of provisions on the liability of the parties;
• omission of provisions prohibiting modification or reuse.

An incorrectly drafted document may result in the loss of property rights or the emergence of legal disputes.

Advantages of professional preparation of contracts and documentation

A lawyer analyses business objectives, determines the optimal legal mechanisms and prevents conflict situations. This significantly increases the legal security of the company.

The main advantages of working with a lawyer:

• compliance of each clause of the contract with Polish law;
• the ability to flexibly adapt the document to the specifics of the business;
• minimisation of legal and financial risks;
• clear definition of the limits of use of the work;
• additional consultations on the optimal model for monetising rights.

Professional documents are an investment in the legal stability of the company, and the assistance of a specialist is an integral part of this process.

Additional nuances that are important for the client to know

When working with copyright and licence agreements, there are requirements that clients are often unaware of, but which significantly affect the validity of the agreement.

Important details include:

1. copyright agreements in Poland must be in writing;
2. the transfer of property rights must be clearly described — ‘all rights’ does not work legally;
3. a licence does not mean a transfer of rights — it is only a permission to use;
4. certain rights (e.g. moral rights) cannot be transferred;
5. it is important to keep evidence of the creation of the object and the date of first use.

A lawyer helps to draw up documents correctly in accordance with these requirements in order to avoid gaps and misunderstandings.