You may have decided to work with someone to develop something new, or to conduct research in a particular field. Or you may be helping someone else to do research by giving them access to your materials or technology.
These arrangements can be complex and can present particular challenges that, if not addressed properly, will cause problems later on. These potential problems can usually be avoided by some sensible contract drafting.
The first challenge is to ensure IP ownership issues are sorted out with the other parties involved.
How can AJ Park help me?
Our commercial and strategy team members have backgrounds at commercial law firms, and many have also worked as in-house counsel at multi-national organisations. We understand the complexities involved in collaboration and development arrangements, and can provide specialist advice that is useful, practical, accurate and timely.
We will ensure that the following critical terms are considered and incorporated into your collaboration, research and development agreements.
- who owns any IP rights in the results of the research or collaboration
- who has the right to exploit the results and how
- what rights each party has to utilise the pre-existing IP of the other party
- the objectives of the arrangement and the contributions each party is expected to make in terms of time, staff, facilities and cash
- terms dealing with any external funding, or regulatory or ethical approvals that are required
- terms dealing with the transfer of valuable materials for further R&D (such as under a Materials Transfer Agreement) if relevant.