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PLAYBOOK TEMPLATES
Joint Defense & Common Interest Agreement
A Joint Defense & Common Interest Agreement protects privileged communications among aligned parties in litigation. This playbook provides guidance on scope, waiver risks, and confidentiality obligations.
Table of Contents
Intellectual Property Rights
Negotiation strategy
Ensure that all pre-existing intellectual property remains the sole property of the Company. Negotiate for a non-exclusive, royalty-free license to use any IP developed during the contract.
Seek joint ownership of any IP developed during the contract term. Ensure the right to use pre-existing IP is clearly defined and limited to contract obligations.
Essential elements
1
Ownership of IP
Defines IP ownership rights.
2
License Grant
Outlines licensing terms.
3
Transfer Restrictions
Limits on IP transfer.
Action framework
ACCEPT
Propose edits when IP ownership or licensing terms are unclear or unfavorable.
EDIT
Reject clauses that allow IP transfer without consent.
ADD
Add clauses to clarify joint ownership and licensing terms.
PRO TIP
Always ensure IP clauses align with your business's strategic goals and future needs.
Real-world examples
FAVORABLE
Preferred IP Ownership
"All intellectual property rights in pre-existing materials shall remain the sole property of the party that created or owns such materials."
NEUTRAL
Joint Ownership Clause
"Any intellectual property developed jointly by the parties during the term of this agreement shall be owned jointly by the parties, unless otherwise agreed in writing."
UNFAVORABLE
Unfavorable Transfer
"Intellectual property rights may be transferred or sublicensed without consent."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure IP ownership and licensing terms are clearly defined to mitigate potential disputes.
Cross-Border Transactions
Consider jurisdictional differences in IP laws and ensure compliance in cross-border transactions.
Technology Collaborations
In technology collaborations, define IP ownership and usage rights to protect innovations and competitive advantage.
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WEEK 2
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WEEK 3
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WEEK 4
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