Due Diligence in Joint Venture is a process, since recently joining partners might normally consider entity Intellectual Property (IP) assets. While in a JV partnership, you will need to consider legal and monetary analysis, which are carefully issued at the time two parties join in business. The Due Diligent Intellectual Property research will help you to evaluate copyrights of your partner, trademarks, patented asset, and trade secrets.
If a partner owns right of Intellectual Property, which are protected by licenses, the party has the right to the valuable Joint Venture. This is important since if you are selling a product or line of products for a business you want to make sure that the partner houses all legal rights to the products.
Intelligence Property auditing, or diligent investigations will help through the verification process, thus verifying that the Intellectual Property has rights held by the product owner. Thus, this will leave you room to confirm, verify, exploit, and enforce the rights of the products. The verification will provide suitable joint venture relations, and provide confidence while proposing objectives through business.
While writing a contract for Joint Venture you will need to consider the transferring of Intellectual Property. As a venture partner contributing to the Intellectual Properties, including rights, you are placed in the out of the usual run of things, positioning self as a transferee and transferor.
The business partner then will consider the transferor or Joint Venture partner, considering the Intellectual Properties, allowing only room for you to successfully run the business jointly, while eliminating any chances of losing control of the portfolio or exposing the IP portfolio to any irrational dangers. You as the transferor then will find interest in capturing to the limits the Intellectual Properties, while growing into a successful JV relationship.
Accordingly while structuring a contract for Joint Venture, you will not only focus on the Intellectual Property, you will also consider agreed transferring of documentation, while drafting the information in detail and leaving out vagueness as much as possible. Thus, the interchanging of Intellectual Property in Joint Venture forms a project and/or license reunion. Still, the projects could prove unbending, while forms of transfers are sent. The project first, might put harsh limits on the abilities of the assignor to utilize Intellectual Property and its rights in the market or industry reached by only the ventures in joint relation.
Furthermore, JV may organize exclusively limiting its purposes of completing the fulfillments of the venture partner, targeting the particular objectives in business, and once the goals are met, usage of the partners Intellectual Properties may not be needed any longer in the business. Accordingly, you might want to seek out reliable partners, i.e. show reluctance to give over your Intellectual Properties to those ventures that are proven inexperienced.
You want to structure the contract so that the two parties joining in Intellectual Property, including transferee and transferor, leaving no room for impairments of independency, while removing any conflicts produced in the relationship.
Thus, licenses may offer more flexibility in the process of transferring Intellectual Properties to joint venture partners. The license in its self has variables, including scopes, terms, etc.
The license and its scope decides the rights, including settled on, and if those rights will have copyright exclusions. In other words, the scope of the license is to decide if the usage by you has particular restrictions and/or limits that prevent you from selling to the fullest. The terms decide renewal and validity of the license. While discussing joint venture with a partner you will need clarification as to what degree of rights you will share with the business, and to what degree could you utilize the license.
