IP Strategy for Your Collaboration

As evidenced by Canada’s Innovative Supercluster Initiative, collaborative engagements focused on creating innovation are becoming increasingly common. A dedicated IP strategy is an important element in the success of such engagements.

An IP strategy in the context of a collaborative engagement can be thought of as a roadmap for the handling of IP among the parties to the engagement. Common issues to consider include:

• The disclosure and in-licensing of background IP;
• The allocation, use, maintenance, and enforcement of foreground IP;
• The obligations, if any, of a party that independently develops relevant IP during or after the collaboration.

The structure and mechanics of an IP strategy for a collaborative engagement should be informed by the specifics of the collaboration, including the nature and size of the parties to the collaboration, the number and types of IP assets in play, and the aggregate resources of the parties.

Our team at Gilbert’s LLP can help you conceptualize the necessary components of an IP strategy for your collaboration or can guide you through the entire process of developing and maintaining such an IP strategy. For more insight on IP strategies for collaborative engagements, check out our series of IP Strategy Reports here.

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