What does it take to collaborate responsibly and exploit your intellectual property rights?
On the path to market, legal surprises are definitely not welcome. For example, an infringement of someone else's rights can lead to long delays, high costs or even an early end to a great business plan. Timely research and ongoing management of IP rights, licenses and contracts can help secure the "time to market" as much as possible.
For the creative or innovative entrepreneur, the legal aspects of doing business are nearly impossible to oversee. Everything is thrown at you at once: non-disclosure agreements, partnerships, patent applications, big data/privacy, product liability, general terms and conditions, incorporation of limited liability companies, component procurement, manufacturing, licensing and sales, etc. And the increasingly complicated landscape of technology and innovation don't make it any easier. Entrepreneurship is about taking risks, but startups tend to take irresponsible risks. For example, startups barely allocate any budget for legal guidance and risk management, including with respect to intellectual property.
Innovative ecosystems
Innovation and creation no longer takes place exclusively in the confines of one's own company. Co-development, open innovation, co-creation, crowdsourcing and crowdfunding are buzz words in innovative ecosystems. Moreover, knowledge sharing through open source, open design and open hardware can accelerate development. On the other hand, the borderlessness and transparency of today's world and the new reality of openness also lead to uncertainty and unforeseen risks.
In this new reality, old concepts of IP are no longer always sacrosanct. Appropriate preconditions are needed for successful, responsible and fearless cooperation, including agreements on rights to contribution, results and exploitation.
New market entrants
A handful of parties dominate the market and fundamentally change the balance of power. Newcomers must take positions and work together to counter the established order. This requires knowledge and insight, organization and action. The law is an important lever to maintain or balance the balance of power.
IP management is risk management
For legal (and tax) reasons, it is wise at the outset to carefully map out the rights of others. Consider not only patent, but also trademarks, designs, copyrights and database rights. And if you then have intellectual property rights yourself, e.g., a patent and a trademark, think carefully about where you will house the rights. In almost all cases, it is wise to keep the rights separate from the risk-bearing company. For example, by placing the rights in a separate company (e.g., holding company or separate IP company). After all, something can always go wrong and prevent the company from keeping its head above water. It would be a shame if all rights then also fell into the hands of the receiver. That also makes a relaunch a lot more difficult. So do not save on an extra BV at the start.
Working and dealing with intellectual property and confidential know-how is an ongoing process. Development does not stop at invention or creation. On the contrary, it is often just the beginning. An invention, creation or further development of a particular object can lead to improvements that in turn can be the subject of a new or additional right.
Do you want to get to your market unscathed?
Take the right measures right from the start and avoid getting sticky on your path from idea to market. But if this is not set up properly, it is advisable to take the right measures in good time. Together with you, we map out your position and identify your risks. Always starting from your business model and ambitions: it's about your business.
Contact
Ernst-Jan Louwers.
Phone
040 2393200.
