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PLAYBOOK TEMPLATES
Research Collaboration Agreement
A Research Collaboration Agreement outlines cooperative research activities between institutions or companies. This playbook discusses IP ownership, publication rights, and funding obligations.
Intellectual Property Ownership
Negotiation strategy
Ensure that all IP developed under the agreement is clearly owned by the Company. Negotiate for exclusive rights to any jointly developed IP to maintain competitive advantage.
Secure rights to use and further develop any IP created during the contract. Aim for joint ownership of IP to leverage future opportunities.
Essential elements
1
Ownership of Existing IP
Retain pre-existing IP rights.
2
Ownership of New IP
Define rights for newly developed IP.
3
IP Licensing Terms
Set terms for IP usage rights.
Action framework
ACCEPT
Propose edits if IP ownership terms are vague or do not align with strategic goals.
EDIT
Reject clauses that do not protect proprietary technologies or allow unauthorized use.
ADD
Add clauses to clarify IP ownership and licensing if absent.
PRO TIP
Always ensure IP clauses are tailored to the specific technologies and business goals involved.
Real-world examples
FAVORABLE
Exclusive Ownership of Developed IP
"Intellectual Property developed solely by one Party in the course of performing activities under this Agreement shall be owned exclusively by that Party."
NEUTRAL
Joint Ownership with Conditions
"Intellectual Property developed jointly by the Parties shall be jointly owned by the Parties, unless otherwise agreed in writing."
UNFAVORABLE
Ambiguous IP Rights
"The ownership of Intellectual Property developed under this Agreement shall be determined at a later date."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure IP ownership is clearly defined to mitigate potential disputes and protect investments.
Collaborative Research
For collaborative research, establish joint ownership terms that allow both parties to benefit from the outcomes.
Outsourced Development
In outsourced development, ensure the company retains ownership of all IP to prevent loss of competitive edge.
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WEEK 2
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WEEK 3
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WEEK 4
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