62.3  Assignment of Generated Intellectual Property Rights

All Generated Intellectual Property Rights created by or on behalf of either party shall be owned by the Authority.  Accordingly, the Contractor:

62.3.1  assigns to the Authority with full title guarantee (by way of present assignment of future rights) all copyright, database rights and rights in designs which form part of the Generated Intellectual Property Rights created at any time by the Contractor during the continuance of this Agreement, including without limitation the Project Data, and such assignment is effective from the time that the rights in question arise; and

62.3.2  agrees to assign to the Authority with full title guarantee all other Generated Intellectual Property Rights.

The assignments made under this clause 62.3 (Assignment of Generated Intellectual Property Rights) shall include without limitation all statutory or common law rights attaching to those Generated Intellectual Property Rights assigned including without limitation the right to sue for past infringements.

The Contractor undertakes that it will:

62.3.3  procure that all Generated Intellectual Property Rights created by a third party engaged by the Contractor in connection with the Project are assigned to the Authority under the terms of clause 62.3 (Assignment of Generated Intellectual Property Rights) above; and

62.3.4  at the Contractor's cost, execute such further documents and do such acts as may be necessary for securing, confirming or vesting absolutely in the Authority full right, title and interest in the Generated Intellectual Property Rights and for conferring on the Authority all rights of action in respect of any claim for infringement by third parties.  The Contractor grants to the Authority a power of attorney for the Authority to execute such further documents on behalf of the Contractor should the Contractor fail to do so.