Recorded Webinar: Yours, Mine and Ours: Intellectual Property Management in Joint Venture and Collaboration Agreements

Partnership arrangements for the development of a product or technology provide a significant benefit through cost sharing, or through one party bringing intellectual expertise and experience and the other financial resources. In such circumstances, both input and output will often involve the contribution or creation of intellectual property. This session will provide a drafting guide to laying the foundations for an effective and successful outcome through careful management of both existing and created intellectual property, including:

• Strategic planning for setting up the project – determining desired outcomes upfront
• What is the difference between a joint venture agreement and a collaboration agreement?
• Structuring the relationship to meet a need, including potential third-party holding structures
• Are preliminary agreements required? A consideration of MOU’s, heads of agreement and non-disclosure agreements
• Drafting tips for identifying, disclosing and contributing pre-existing IP whilst maintaining protections
• Key arrangements for jointly developed IP including
  • ownership
  • access and use
  • commercialisation
  • licensing
  • royalties
  • risk allocation
  • decision-making
• Strategies for relationship and dispute management and a “get out” option
• Application of the competition provisions of the Australian Consumer Law to arrangements involving intellectual property