In short, joint development agreements allow companies to act together to do more than they could achieve on their own. But without careful planning, they can also be an invitation to a business relationship of confusion, unhappiness and loss. The definition of intellectual property developed in common must be considered with the utmost care and is one of the most common areas for future differences of opinion. More often than not, a party will feel that it developed a technology during the JDA period, but that it was developed separately from the JDA and that it should be “separate” and not “shared.” As part of the joint development contract, the landowner offers the developer a development right for the development of land. The landowner gives the developer a general mandate to obtain the necessary approvals from various public authorities necessary for construction. Once the IP is properly classified separately or in common, two other critical questions must be answered: “Who can use the IP” Who controls the IP These concepts are more different than they can appear. The right to use the investigation period is precisely the right to use either the intellectual protection rights of the other parties, the period of investigation developed jointly, or the period of investigation developed separately. On the other hand, the right of control is the right to determine which others, apart from the parties, can use the property developed in common and under what conditions. Another clever trick from the owners. The joint development agreement is implemented and registered in order to comply with the rules and rules. A separate endorsement to the joint development agreement will then be signed. This is either an amendment to some of the existing clauses of the JDA or additional clauses that will be part of the JDA.
The JDA`s basic planning strategy takes into account three categories of intellectual property rights that must be considered: “The intellectual property of each party before the JDA” IP, developed jointly by the parties during the JDA, but which results from work that has nothing to do with the JDA. It`s not just patents, trademarks or copyrights; and a thoughtful investigation should focus on trade secrets and processes, as well as on research projects under development. Contrary to popular myth, the invention is generally not the province of the only inventor who works alone.