Protecting Ip in Collaborative Research

Research Technology ManagementVol. 51 Nbr. 6, November 2008

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Summary


The "Want, Find, Get, Manage" Model is a useful framework for exploring intellectual property (IP) issues in collaborative research agreements. It divides the collaborative process into four segments. Intellectual property decisions made in one segment may impact IP decisions in other segments, as well as the overall value of the collaboration. The foundation of a powerful collaborative strategy is a clear definition of what the firm "Wants" to access from the outside world. Once managers have a clear description of the firm's technical needs, the next step is to "Find" the necessary resources. The purpose of the "Get" phase is to negotiate a mutually agreeable contract that meets both firms' business and technical needs. Companies that avoid IP conflicts in the "Manage" stage focus attention on three good laboratory practices: 1. Know your obligations under the agreements. 2. Maintain up-to-date documentation. 3. Allow the partner to review patents prior to filing and publications prior to submission.

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Protecting Ip in Collaborative Research

The assumption that yesterday's innovation model will lead to prosperity in tomorrow's business world is flawed. Consequently, traditional internal innovation is being augmented by a dramatic increase in collaborative research agreements as firms seek to access innovation from a wide variety of organizations. Dealing with intellectual assets is a critical aspect of planning, negotiating and implementing these relationships.

In this article we shall: 1) point out key intellectual property (IP) pitfalls that managers and their direct reports may face as they enter the world of collaborative research; 2) share techniques to deal with each pitfall. Our goal is to provide line managers with the information they need to avoid the most common IP issues. However, nothing in this article should be considered legal advice. Managers entering into collaborative research agreements must utilize the skills of a competent and experienced intellectual property lawyer as they plan, structure, negotiate, and implement their relationships.

We are using the term "collaborative research" in its broadest sense. The issues we address are relevant to any relationship in which the proprietary IP of one firm is used by another firm. We are also using a broad definit...

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