To IP & Innovation
Innovation
A clear delineation and proper arrangements are required for product development, the contribution of expertise and the structuring or restructuring of intellectual property rights to enable all of the parties involved to achieve optimal results.
Protecting your innovations
Have I correctly recorded any arrangements with my partners? Is the current knowledge I contribute to the project adequately protected? Under what circumstances is it permissible to share my confidential information? Who is entitled to the outcomes of a project? How do I market my innovations? Which intellectual property rights may I invoke and register?
These are just some of the questions raised when you start out on an innovation project. The commercial exploitation and enforcement of intellectual property rights demand a well-considered strategy.
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Points for consideration in the case of intellectual property contracts
- Intellectual property rights: copyright, design rights, patents and trademark rights play a crucial role in collaborative ventures for research and development, know-how and the commercial exploitation of products or services.
- Intellectual property agreements: the regulation of proprietary and licensing rights through intellectual property clauses constitutes an indispensable part of contracts such as non-disclosure agreements (NDAs), intellectual property licensing or assignment agreements, research, distribution or production contracts and joint development agreements.
- Essential arrangements: in order to avoid disputes regarding the scope of agreements, it is necessary to include definitions of and provisions concerning intellectual property ‘background’ (such as knowledge, know-how and materials) and ‘foreground’ (intellectual property rights arising from collaboration), governance, confidentiality, liability, termination, and the governing law and competent court.
- Efficient processes: clearly delineated arrangements ensure the smooth progress of research and development processes. For this reason the preparation of effective intellectual property agreements is vitally important for any form of collaboration involving innovation.
In addition, attention should also be devoted to topics such as competition law and privacy issues. An intellectual property specialist should therefore always be engaged.
Valorisation: transforming knowledge into value
Valorisation is the process of marketing and monetising new knowledge, technologies or inventions. It is a key task for institutions active in the fields of education, knowledge and healthcare. With the appropriate valorisation strategy, all of the parties involved can benefit from any knowledge that is acquired while simultaneously generating income that can be used to fund future research.
In order to successfully introduce an invention into the market, it is important that clearly defined arrangements are made during the development phase. What valorisation strategy will be pursued, who will acquire any intellectual property rights and will it be necessary to establish a separate company? A sound approach can often extend the reach of one’s research budget.
Dirkzwager offers expert advice on the development of an effective valorisation strategy and the optimisation of market launches of inventions and new knowledge
intellectuele eigendomsrechten, is het nodig om een aparte onderneming op te richten? Een gedegen aanpak verruimt vaak het onderzoeksbudget.
Dirkzwager biedt deskundig advies bij het ontwikkelen van een effectieve valorisatiestrategie en het optimaliseren van de marktintroductie van uitvindingen en nieuwe kennis.
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