How to Format a Power of Attorney to Intellectual Property Enforcement
A power of attorney form tailored to protect and enforce intellectual property rights will not be drastically different from a regular power of attorney agreement. Before contacting an attorney or attempting to draft the form yourself, carefully assess what intellectual property you intend to safeguard and how you will protect it. By clearly identifying what intellectual property rights you intend to transfer, you will simplify the process.
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Instructions
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Clearly identify and inventory the intellectual property associated with the rights you intend to transfer. Be sure to compile a list of all trademarks, patents, copyrighted material and other intellectual property that is in your possession. For each piece of intellectual property in your inventory, assess how long you have exclusive rights to the property in question.
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Meet with the person to whom you are assigning your rights and discuss how she will go about protecting and enforcing your intellectual property rights. Depending on how much responsibility you wish to assign to this individual for safeguarding your rights, you may give her many rights or very few if you are only granting power of attorney for a very specific task.
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Meet with an attorney and carefully carve out the specific rights you will assign to the person to whom you are granting power of attorney, known as your representative. Most of the general rights associated with standard power of attorney forms will need to be granted to your representative to ensure that he can effectively protect and enforce your rights. For example, he will most likely need to be able to sign checks, deposit money, enter binding contracts and sign and complete tax returns on your behalf. However, depending on the scope of your rights, other standard rights such as the power to buy and sell real estate might not be necessary.
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Add intellectual property caveats, such as granting your representative the power to update copyright and trademark registration information, authorize derivative works, authorize patent licensing, sell or assign any intellectual property you hold or sue individuals who might be infringing on your rights.
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Limit the power of attorney assignment to a predetermined time frame. Additionally, you may have the assignment's continuance be based on the outcome of some specific event.
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Tips & Warnings
Depending on your state, the power of attorney form may require witnesses or notarization.
Be careful not to assign rights to your representative which may not be granted due to preexisting agreements. Intellectual property licensing agreements with third parties may limit what rights you can assign.
