Copyright 2024 - Wiredhub. All rights reserved.
This document sets forth Wiredhub's Intellectual Property policy regarding:
intellectual property created by Wiredhub employees, members, contributors and by any third party working on behalf of Wiredhub;
the protection of intellectual property owned by Wiredhub;
the utilisation of Wiredhub intellectual property.
1. Purpose
1.1 Wiredhub has adopted this Policy in order to protect its own IP and minimise the possibility of infringement of Intellectual Property rights of the Company and the third Parties. This IP Policy aims to provide a transparent administrative system for the ownership, control and transfer of the IP created and owned by Wiredhub.
2. Applicability
2.1 This IP Policy is applicable to all customers, employees, representatives and agents of the Company including its subsidiaries and affiliates.
3. Principles of the Policy
3.1 We respect intellectual property (IP) and conduct our business in compliance with the IP-related laws as applicable and agreements with other companies.
3.2 We actively protect our own IP.
3.3 We maintain an effective system of IP asset management, including maintaining an inventory and records of IP-related assets and agreements.
3.4 We do not infringe a third party’s intellectual property in our products, services, or components, or disclose or use a third party’s intellectual property without the express or explicit consent of the owner or as permitted by law.
3.5 We do not purchase or use counterfeit or other infringing goods and services in running our business, including counterfeit trademark goods or infringing copyright material (such as software, publications, video, audio, or other content).
3.6 We document and maintain written records of all substantial transactions and uses that involve the exercise of IP rights. (This includes, for example, licences or assignments of rights; manufacture, reproduction or distribution of patented, trademarked or copyrighted items; and disclosure.)
3.7 We develop and implement a management system to help ensure that all personnel follow our IP policies. This management system shall encompass all IP-related policies, procedures and adequate and accurate records necessary to implement, measure, and improve our IP protection.
4. Definition of Intellectual Property
4.1 Intellectual property (IP) is the term used to describe the output(s) of any creative endeavour – artistic, technical or scientific – that can be protected under legislation. It may be regarded as “knowledge and its creative application” and, in practical terms, all material generated by Wiredhub should be regarded as potentially protected by IP.
4.2 In the context of this policy, IP thus refers to all matter capable of being protected by patents, copyright, designs, database rights, topography rights, trademarks, know-how and all other intellectual or industrial property rights, in each case whether registered or unregistered and including applications or rights to apply for them together with all extensions, divisional, continuations in part and renewals of them, and in each and every case all rights or forms of protection having equivalent or similar effect anywhere in the world. It also refers, however, to other intellectual assets such as inventions and discoveries and any other product or process generated by intellectual activity (whether formal property rights therein).
5. Ownership and Licences of IP
5.1 Wiredhub owns any and all IP created by Wiredhub employees in the course of their employment, pursuant to the terms of Wiredhub employment contracts and the position under English law.
5.2 Wiredhub grants customers a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the service. In connection with your use of the service, you will comply with all applicable laws, rules and regulations.
5.3 Furthermore, Wiredhub claims and shall secure the assignment of ownership of IP from all third party contributors as a prerequisite to participation in its work with Wiredhub, including partners, project participants where it is agreed arising IP will belong to Wiredhub.
5.4 Wiredhub claims ownership of any and all IP developed by third parties arising from work developed in the course of research, development or other activities:
a) Managed by Wiredhub; and/or
b) On behalf of Wiredhub and sponsored by an external body, subject to any agreement with that external body.
c) Wiredhub will acknowledge and respect any pre-existing IP parties may hold.
6. Working with Third Parties
6.1 The position under English law is such that IP created by a third party (whether as a contractor, consultant, sole trader or in any other non-employee role) is owned by the relevant third party unless and until a written assignment is entered into, which legally transfers the developed IP to the commissioner of the works (Wiredhub).
6.2 It is the responsibility of each individual who is subject to this Policy to ensure that IP arrangements with third parties drawn up in the course of, for example, collaborative activity, research or consultancy work with or for Wiredhub, satisfy the English law requirements of a legal assignment of IP, and in doing so, do not conflict with their obligations to Wiredhub (including Wiredhub's rights of IP ownership under this Policy).
7. IP Licencing and Transfer
7.1 Wiredhub may licence its IP to any of its subsidiaries, affiliates or a third party (ies) through various modes of licensing strategy such as: exclusive licensing, sole licensing, non-exclusive licensing, sub-licensing and licensing in general. Wiredhub shall document such IP licensing through a licence agreement where each such licence agreement shall define the terms and conditions for the proper use of IP of Wiredhub.
7.2 Wiredhub may transfer its IP to any of its subsidiaries, affiliates or a third party (ies) through a signed IP transfer agreement on the conditions as may be deemed to be fit and proper to Wiredhub.
8. The Protection of IP
8.1 Employees, members and contractors must disclose to Wiredhub any IP that they create of which Wiredhub is the owner or may be considered being the owner.
8.2 Employees, members and contractors must keep confidential and must not publish or disclose any such IP, except as expressly permitted by Wiredhub under this Policy or otherwise in writing.
8.3 Under English law, some IP protection arises automatically, for example, copyright, database rights, rights in unregistered trademarks and unregistered design rights. Other forms of IP, for example, patents, registered trademarks and registered design rights, must be applied for. This may vary in other countries (for example, copyright is registrable in the US). It is the responsibility of Wiredhub:
a) To apply for and obtain in the sole name of Wiredhub (unless otherwise agreed) a patent, trademark, registered design or other protection of any nature whatsoever, as appropriate to the IP, in any country throughout the world and, when so obtained or vested, to renew and maintain this protection;
b) To resist any objection or opposition to obtaining, and any petitions or applications for revocation of, any such registered protection;
c) To prosecute and bring any proceedings for infringement of any such registered protection;
d) To manage the use of Wiredhub logos and trademarks the use of which by third parties is subject to Wiredhub approval.
9. Utilisation of IP
9.1 Utilisation of IP is taken to mean any publication, licensing, transfer or assignment of the IP and/or the supply, sale, transfer or licensing of products and/or services involving the use of the IP.
9.2 Wiredhub classifies its IP assets into two categories; (i) Marketing and Brand IP Assets (ii) Technology and Solution IP Assets.
9.3 Wiredhub shall register and protect key Marketing and Brand IP Assets. An Intellectual Property Legal Notice shall be maintained and posted on the Wiredhub platform.
9.4 Wiredhub may also develop professional services based on certain elements of its IP and may retain any revenues to support such services which shall be fully accounted for by Wiredhub.
10. Jurisdiction
10.1 This Agreement will be governed by the laws of England. The parties agree that the exclusive jurisdiction of any dispute arising from this Contract shall be heard and determined by the competent jurisdiction of the courts in England, without giving effect to the principles of conflict of law.