Joint Venture, Collaboration
Such arrangements are often project-led and require a co-operative arrangement with one or more other organisations specifically to develop, deliver, and conclude a particular type of project. It is often a specialist arrangement where each party contributes their own knowledge and/or experience that the other party(s) lack, which enables a combined effort to deliver the aim of the joint venture and/or collaboration.
Why have one:
- To clearly set out what each party is to deliver, along with timescales, the manner and nature of the contribution
- To ensure it sets out the limits, exclusions, and other restrictions that relate to the services and resources contributed, as well as a distinct separation of other assets that a party may own that is not used/unrelated to the project
- Such arrangements are likely to give rise to new future intellectual property and ownership of such along with modifications and improvements to be identified and carefully drafted
Beware:
- Such agreements could create a partnership thereby risking joint liability for all parties in the event losses are sustained as part of an arrangement
- The parties will not wish to lose the integrity and ownership of their own intellectual property that is used to contribute to the project
- Not to overlook the risks of infringement and other liabilities and warranties
Who instructs:
Instructions can come from CEOs, CFOs, directors, entrepreneurs/business owners, and investors, with clients from privately-owned business, research intuitions, learned academies, universities, and government agencies.