Joint Development Technology Agreements: Essential Terms, Issues That Arise, Pitfalls to Avoid

Description

As the pace of technological change continues to accelerate with the widespread adoption of cloud computing and the increased use of AI/machine learning, organizations are turning to technology collaborations to reach their organizational goals. Technology collaborations can take many forms and are common across many industries. Such arrangements may be structured as the formation of a joint venture entity, as a bilateral strategic alliance, or as a JDA.

Technology collaborations can exist between competitors, between complementary players, and between customers and service providers. Whatever the form of collaboration there are fundamental issues of IP allocation that can plague a poorly-crafted deal. Also, because such collaborations often result in technology that's critical to the business, careful consideration should be given to how IP rights are provided by each party to the collaboration, how newly created IP rights are allocated, and what happens when the collaboration ends.

Collaboration agreements should also define the purpose and scope of the project, the roles and responsibilities of the parties, confidentiality and nondisclosure requirements, methods for resolving disputes, and the financial responsibilities of each of the parties.

Listen as our authoritative panel discusses the key considerations and best practices when drafting joint development and collaboration agreements.