We draft, advise on and negotiate a broad range of collaborative arrangements relating to development and exploitation of IP rights. These include:
- Commissioned Development
- Collaborative Research and Development
- Joint Ventures.
In all of these, we understand, and can advise on, issues such as:
- Ownership – who should own rights in the results of research and development. This may include dealing with issues of joint ownership. It may also involve ownership of know-how and other IP that pre-existed a research project (‘background IP’), that are needed to carry out a project or to exploit its results.
- Rights to Use – not only the results of the research and development but also any background IP needed for exploitation of the results. This may also involve consideration of ‘open source’ licensing models.
- Risk of Infringement – who should bear the risk of IP rights of others being infringed, whether by the results of research or development, or their use or exploitation, or by background IP or its use or exploitation.
- Public Funding – such as from the EU, Innovate UK or the EPSRC. Public money comes with strings attached. We have extensive experience of advising on research and development that is wholly or partially funded with public money, including projects where there is more than one source of public funding involved.