An example of a possible solution to the issue of technological ownership would be to find that inventions that result exclusively from a worker or employee of Partner A as a result of contract work are held by Partner A; Inventions designed exclusively by an employee or partner B employee during the term of the contract are the property of partner B. In the case of inventions jointly conceived by an employee or collaborator of both partners, the invention may be possessed in common interests and not shared between partner A and partner B, i.e. each partner can exercise the invention without accounting for it. The JDA`s basic planning strategy takes into account three categories of intellectual property rights that must be taken into account: ”The intellectual property of each party prior to the JDA” IP, developed jointly by the parties during the JDA, is however, due to work that has nothing to do with the JDA, another consideration is the domain of ownership of the invention. In some cases, a partner may wish ownership of all inventions in a given country created during the term of the contract, whether it was created by its company, by the other company or jointly. Finally, the contract may also stipulate that, although the other partner may own the invention, the other partner may have a license for the use or exercise of the invention, either for a licence payment or for a license. The license may be exclusive or non-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. Yes, for example. B, during the duration of the contract, a partner A collaborator and a partner B collaborator create together an invention, who owns the resulting technology? There are a number of ways to solve technology ownership issues. The crucial point is that the issues must be addressed in the negotiations and the resolutions are reflected in the language of the Treaty. Contrary to popular myth, the invention is generally not the province of the only inventor who works alone. Even Thomas Edison employed large teams of collaborators to develop new inventions.
With the increasing complexity of the business, more and more companies are coming together to create new intellectual properties, sometimes in flexible arrangements and sometimes in well-defined joint ventures. All these types of agreements are full of problem possibilities. Once the IP is properly classified separately or in common, two other critical questions must be answered: ”Who can use the IP” Who controls the IP These concepts are more different than they can appear. The right to use the investigation period is precisely the right to use either the intellectual protection rights of the other parties, the period of investigation developed jointly, or the period of investigation developed separately. On the other hand, the right of control is the right to determine which others, apart from the parties, can use the property developed in common and under what conditions. In a way, a formal Common Development Agreement (JDA) resembles a pre-marital agreement in a marriage. New business associations are emerging under a coat of enthusiasm, often with little concern about possible problems along the way. Even as a marriage, a common development project begins with parties that have individual ownership and want to become more than they are individually.
If the rights of the parties are not clearly defined from the beginning, when the honeymoon ends, the trouble begins. In short, joint development agreements allow companies to act together to do more than they could achieve on their own. But without careful planning, they can also be an invitation to a business relationship of confusion, unhappiness and loss.