Protecting your intellectual property is a challenge, especially when entering into a joint development agreement, or “JDA”. When two or more organizations want to work together to develop or enhance their products, combine or integrate their technologies, or jointly commercialize a new product, they have many choices for documenting their relationship.
If the collaboration is simple and development work minimal, the parties might use standard licensing agreements and purchase orders. If the parties contemplate creating an ongoing business and making substantial investments, creation of a separate joint venture entity may be the best path. In many cases, however, a joint development or collaboration agreement provides the right framework—establishing a set of rules tailored to the relationship without the overhead and complexity of a separate joint venture. This primer outlines key contract points that recur frequently in JDAs and is designed to provide points for consideration and checklists of items for the attorney to consider in preparing and negotiating a JDA, including intellectual property rights arising out of the development work.
The full document can be accessed here: Hogan Lovells – Joint development and Collaboration agreements.