In short, professionals can work either as employees or as independent contractors to protect your company from various possible commitments, in any independent contractual agreement, the relationship between the parties, the time provided for the completion of all work, the payment schedule, a confidentiality agreement, a liquidation clause and a compensation clause. If you have your own independent contract agreement that you would like to verify by qualified lawyers from Valencia and Torres Law, please contact us by clicking here. The recruitment operation can manage or control the result of the work done by the contractor, but cannot require how the work is to be completed. The agreement should have the full names, including the company or business names, the address of each of the parties that are obviously indicated in it. Write down that contractors are not your employees, but an independent agent. In some IC relationships, the results may include valuable intellectual property rights. Not surprisingly, each party wants to retain the rights to the benefits. The ICR does this because it created them, and the company does it because it paid for their creation. When companies participate in the creation of such services, they should be sure to include a ownership provision in the agreement. For example, when a company hires a consultant to develop training materials for its specific use, the company can reasonably argue that the services it has paid for are the result of the services it pays for. In this case, the delivery elements are considered “works for rent” and the company will want to retain its assets by including a provision that not only confirms ownership of the delivery elements, but also requires the IC to waive all its rights (including moral rights) on delivery items if a court finds that these benefits are not a “work to rent”.
If a company goes further, it can also ask the ICR to disclose and assign patents or other IP addresses that the IC creates while it is hired by the company. On the other hand, if the commitment involves the use of the used rights and/or existing intellectual property consultant`s rights that are included in the services (for example. B a repeat-use training program with different clients by the IC), the IC intends to include a provision confirming its rights to this material.