Exploitation & collaboration
A good idea is worth its weight in gold. By now, you have arranged all your affairs: your patent agent has applied for a patent or plant breeders’ right, a trademark agency has filed your trademark or design. The foundation has now been laid. But what are the next steps to be taken?
In other words: how do you exploit a good idea and how do you monitor these important assets?
Intellectual property law is playing an increasingly important part for you as an entrepreneur, company lawyer, nonprofit organization or public or semi-public body. In addition, intellectual property rights can determine the value of a company or organization.
Usually it is difficult to identify intellectual property rights. It all begins with awareness of the potential existence of know-how or creations to which the intellectual property right might relate. You may find an explanation of intellectual property here.
Exploitation & collaboration
The registration or identification of intellectual assets, including intellectual property rights, is usually directed towards exploitation.
Proper and practicable contracts are essential for responsible exploitation.
In respect of contracts where registered or unregistered intellectual property rights play a part, you will find a good partner and deal maker in us, as sharp as daggers if necessary. This includes, for example:
- licensing contracts
- general terms and conditions
- R&D agreements
- confidentiality agreements
- cooperation agreements
- production agreements
- distribution and agency, franchising
- sponsoring and merchandising
- publishing agreements
- music copyright
- performers and visual artists
- IT agreements (ASP, SaaS etc.)
Working and dealing with registered or unregistered intellectual property and intellectual assets is a continuing process. After all, developments do not stop with an invention or a creation. This is only the beginning.
An invention, a creation or further development of a specific object may result in improvements that can result in a new or additional right.
For legal (and tax) reasons, it is also advisable to carefully consider the ‘allocation’ of registered or unregistered rights.
In nearly all cases, it is advisable to transfer the rights to a company (for example, a holding company or a separate company), separated from the risk- bearing operating company. This is because there are always unexpected developments resulting in the operating company being unable to survive. It would be regrettable if, as a result of this, all rights would pass into the hands of the bankruptcy trustee. This would make a relaunch considerably more difficult.
It is advisable to consult a lawyer or tax lawyer about the solutions best suited to your specific needs at an early stage.
It is crucial that there is continuous focus on the management of IP rights, licensees, contracts and, if required, that action is taken in cases of infringement of or defence against claims of third parties.
Please realise that intellectual asset management is an ongoing process.
What can we do for you?
Your organization often does not have enough time to put its affairs in order.
We can take work off your hands:
- intellectual asset management
- digital asset management / digital rights management
- enterprise content management
- legal audit/due diligence
- proactive, creative and expert legal assistance in infringement cases.