Joint Development Agreement Definition

After IP has been correctly classified separately or collectively, two other critical questions need to be answered: ”Who can use the IP” Who controls the IP These concepts are more different than they may seem. The right to use the IP is precisely this, the right to use either the IP of the other parties, or the jointly developed IP, or the separately developed IP. On the other hand, the right to control is to determine which other external parties can use the jointly developed property and under what conditions. A rigid definition that defines ”jointly developed” as anything that happens during the JDA period can be particularly unfair to the party that has the largest R&D organization, as it works on a large number of projects instead. In some cases, a partner might wish ownership of all inventions in a given country that were produced during the term of the contract, whether they were produced by their company, the other or jointly. Finally, the contract may also stipulate that, although one partner may own the invention, the other may have a license to use or exercise the invention, either for a fee or without a license. The license may or may not be exclusive. A very important, but often overlooked, aspect of a common development agreement is the ownership of all intellectual property rights arising from development work. For example, if an employee of Partner A and an employee of Partner B create an invention together during the term of the contract, who owns the resulting technology? There are several ways to solve technology ownership problems. The crucial point is that the issues must be addressed during the negotiations and that the resolutions must be reflected in the language of the treaty. In a way, a true Joint Development Agreement (JDA) resembles a marriage contract in a marriage..

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