It is rare to find a company that is developing all of its technology 'in-house'. More and more technology is generated through collaboration. The division of the intellectual property rights on these results becomes crucial and co-ownership is a possible solution. More on co-ownership and the pitfalls that go with it.
Co-ownership of intellectual property
When parties are negotiating a collaboration agreement, one of the most controversial issues concerns the ownership of the results of such collaboration. During the contract negotiations a solution that is frequently proposed as a compromise is that the parties jointly own the results of the collaboration. But what does co-ownership mean and what are the parties’ respective rights and obligations with respect to co-owned results?
Co-ownership may arise by operation of applicable legislation when more than one person is involved in creating the results. Co-ownership may also be created between the parties by agreement when the parties decide to share the ownership of the results.
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