IP Services
Seed Legal helps clients across the technology sector to navigate the dynamic and complex processes involved with their technology commercialisation, by protecting their intellectual property and assisting them with commercialisation strategies in achieving their business goals. Our specialist skills include drafting technology-related agreements and providing legal advice to our clients on all aspects of their intellectual property including strategies to acquire or sell, license, merge, joint venture or restructure their technology.
Tips to avoid Intellectual Property ownership disputes
Create Contract (before work starts)
Create Contract (before work starts)
Make sure IP ownership is covered prior to commencement of any collaboration. Early stages of work often create valuable/important IP rights.
The contract should include:
confidentiality clauses
non-compete clauses in employee contracts (employees today may become competitors tomorrow)
express written assignment of IP rights from contractors.
Outsourcing Research & Development
Outsourcing Research & Development
Where research and development are outsourced, take extra precaution to prevent misunderstandings and get everyone to sign an agreement to cover IP rights to the results of their works. The agreement should include:
transfers of any and all rights to the results of the works from the outsourced team, including the right to retransfer the rights
rights to alter the works if it produces works or other materials eligible for copyright protection
provisions on the rights to know-how, copyright for the research reports and results, and rights over the physical material involved in research activities, such as micro-organisms or other biological material, as well as IP rights over any background information which is not within the public domain
a confidentially clause and non-compete.
Written Agreement
Have a written agreement to cover IP rights ownership to any material created by an employee or contractor to avoid disputes/confusion.
The agreement should include:
whether, and when, transfer of ownership will take place
who has the right to exploit it
who is to pay for it
whether improvements or modifications are allowed.
Create Policy
Policies and regulations on IP for employees should contain provisions on:
the categories of inventions that fall in the field of the employer’s business
the employee’s obligation to notify the employer of inventions
the employer’s procedures for handling such notifications
confidentiality requirements and patent prosecution
remuneration for the inventor.
Seek Legal advice
It is essential to get right advice about IP before entering into any agreement with employees or contractors.
Intellectual Property Commercialisation
Your new business may have a wealth of IP, including innovative processes and differentiations from your competitors. Understand the different types of IP, trademarks, patents, copyright, designs etc.
Keep your idea confidential until it is protected by registration. Use confidentiality agreements at all times. For patents have provisional filings or speak to a trademark or patent attorney.
Build a model of your invention and seek guidance from financial consultants to evaluate market potential. Track all costs which will help put a value on your IP.
Research your potential market and understand the likely consumers, buyers, licensees, investors, manufacturers and distributors. Finally, there are multiple ways to make money from your IP, that is, you can sell it, license it or make it yourself or enter into Joint Venture arrangements.
You own intellectual property if you create it or acquire it from previous owners. Often disputes arise where businesses have inadequate documentation with employees and independent consultants to develop their ideas.
