Research by definition cannot guarantee results, which gives rise to specific issues when contracting out for research. In addition to standard items such as price and delivery, IP and liability matters need to be addressed in detail.
- IP issues: at the end of the R&D project, who will own what intellectual property? The contracted research may include some of the developer's own know-how: who has the IP rights in these grey areas? Should the IP rights be shared, or the full rights purchased from the developer, and for how much?
- Liability issues: in addition to liability in the case of contract infringement, what happens if it turns out that the research delivered infringes - intentionally or not - the IP rights of 3rd parties?
These are complex questions that require expert guidance. Bracquené can help.