Minimising the risks inherent in collaboration agreements
We work with a variety of businesses entering all types of IP collaborations. Most of our work involves review of joint ownership rights and analysis of what they can do with those rights. We advise on both contentious and non-contentious cases.
Ensuring software owner had rights to re-sell to other users
Negotiation of a software agreement between a software house and end user. The parties used us to carve out rights for the software house to re-sell some of the ideas to other customers whilst providing the end user with a functional agreement it could use to diversify its operations.
Bringing IP to a new employment position
Working with a chief technology officer joining a start up with intellectual property created outside of the employment which was to be used in the employment. The director wanted to reserve the right to take his technology with him if the employment did not work out.
Joint venture agreement
Design of a joint venture for a small company entering into a joint venture with a very large firm of brokers. The agreement provided for development and use of shared platforms from which our client could perform its trade which was ancillary to the brokering business. The brokers were investing in the joint venture and taking equity and our role included setting out the obligations of both parties to the joint venture.
Terminating a JV agreement
Negotiation for the early exit from a joint venture involving the use of intellectual property which was proving to be a burden for our client.
Injunction preventing a joint owner exploiting IP without consent
Obtaining an injunction preventing a global company launching a new product that was jointly developed with our client. In the Intellectual Property Enterprise Court (IPEC), we showed that there was enough evidence to support our client’s ownership claims and no consent was given by our client for the product launch.
Defending a claim for ownnership rights
Protecting a TV production company from potential ownership claims from an animation artist. We proved with documentary evidence of stored images and scripts that our client had commissioned the artist and an agreement of transfer of ownership existed in the works. Thus we ensured our client’s intellectual property rights were enforced. Our pre-action correspondence prevented a court action.
Specific performance as a remedy
Obtaining the remedy of specific performance against refusal of ownership in the intellectual property. The co-owner refused to accept liability arising from the use of the intellectual property. The absence of a written ownership agreement did not provide a strong defence against our client. The other side was ordered to share liability of claims arising from the use of the intellectual property brought against our client.
We were at a critical time in the growth of business. Gannons steered us through the minefield of IP and joint venture agreements. Their advice was frank; their approach pragmatic.