No publisher requires your patent or trademark rights to publish your work. Patents and other intellectual property are distinct from copyright. If patents are a factor in your research, a statement reserving those rights should be in your publication agreement:
Some contracts specify a geographical judisdiction for any legal disputes to be determined under, which is generally beneficial to the publisher. Laws and penalties can vary widely between states. Governing law defines which state's laws apply to the contract. Jurisdiction determines which courts will resolve legal disputes.
For UConn authors, claiming Connecticut jurisdiction and governing law is preferable, as local legal authorities can preside over disputes, and authors will not need to take on the added costs and legal uncertainty of having to litigate a case under UK law or in California courts.
Authors should also strike clauses specifying that disputes will be resolved through binding arbitration. The arbitration process can cost significantly more than filing a court case, decisions cannot be appealed, and litigants have no automatic right to discovery. Strike "binding" from any reference to arbitration in your contract. Always reserve the right to go to court.
Sample clause for you to incorporate into your publication agreement:
In a legal contract, "merger" refers to a signed agreement superseding any prior agreements. This means that if the publisher made you a promise verbally or via email, but the promise isn't explicitly written into the contract, it is not binding on the publisher.
Be cautious with merger clauses. If there is a merger clause in your publication agreement, make sure you get any promises written into your contract before signing.
Sample merger clause:
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