To be applied in particular for technology collaboration projects involving partners from industrialized countries, emerging economies, and developing countries.
Executive Summary
The IP*SEVA Model focuses on broadening and enhancing international technology collaborations, recognizing that the magnitude of problems to be solved in the fields of sustainable energy, climate protection and environment requires extraordinary efforts, involving all brilliant brains available, from all parts of the world.
Collaborations on equal footing are needed, comprising partners from industrialized, emerging and developing countries.
The starting point is a profound analysis of the objectives of all partners in a structured process, as well as the appropriate contractual terms and conditions. We focus on turning each technology collaboration into a win-win situation for all partners with medium- and long-term potential for development, growth and business enhancement.
Why?
The magnitude of problems to be solved in the fields of sustainable energy, climate protection and environment requires extraordinary efforts.
For the solution of these problems all brilliant brains are needed, from all parts of the world.
It is known that the output from collaborative intellectual efforts is bigger than the sum of the results obtained by individual efforts.
What?
Large scale, extensive technology collaboration (research and development projects, technology transfer, licensing, delivery of industrial plants and equipment, clean development mechanism (CDM) projects ) is necessary globally, involving partners from
- industrialized countries,
- emerging countries,
- developing countries.
Collaboration projects should always focus on
- mutual benefit;
- long-term development/enhancement of competences on both sides, e.g. by involving scientific institutions and universities alongside with industrial/commercial enterprises;
- equitable treatment of Intellectual Property arising from the project.
How?
Balanced terms and conditions taking into account the interests and contributions of both sides should govern technology collaboration projects.
Licensing and development collaboration contracts offer a great deal of flexibility in arranging the rights and compensation of parties, including using field of use rights, deferred compensation, installment payments, royalties, geographic licenses, cross licenses, development services, local participation, commitments to provide formal training, among other Terms. At IP*SEVA we have more than 100 combined years of expertise in IP and contracts so we can take advantage of this flexibility to find satisfactory solutions.
Regulations on consideration should take into account the cash flow reasonably to be expected. This means that deferred payments and other creative compensation and financing arrangements may be considered. Also, financing and credits from international institutions should duly be taken into account.
In transactions with a developing country or emerging economy partner, we seek to optimize technology transfer and opportunities for engagement of local research institutions. We see local research institutions as partners who can tap the talents of youth and develop innovative solutions.
What is the potential of the IP*SEVA Model?
The IP*SEVA Model aims at a medium and long-term collaboration and focuses on medium and long-term effects:
- the development of scientific/industrial/commercial competences and activities,
- the development of, and access to, new markets,
- the integration of countries/markets into the global economy which until now (for numerous reasons) have only been able to play a limited role.
It intends to speed up the solution of the existing gigantic problems in energy, climate protection and environment, while at the same time giving globalization another push in the interest of all parties and countries involved.
How to proceed?
- Analyze the genuine short, medium and long-term interests of both sides.
- Identify potential additional partners (universities, scientific institutions, other industry partners).
- Clearly carve out the scope of the collaborative work/effort to be performed.
- Specify the scope of responsibilities of the parties and the schedule for completion.
- Clarify the respective contributions — in kind, manpower, money, but in particular intellectually: know-how, patents, other intellectual property rights.
- Define who is entitled to which rights in results regarding
- results generated
- jointly during the collaboration (joint foreground),
- separately during the collaboration (foreground),
- separately before or during but outside of the collaboration (background).
- type of use
- during the joint project,
- thereafter
for which specific purposes and in what fields of use and geographic territory.
- Specify responsibilities, liabilities, warranties, indemnities — or their limitation or (partial or complete) exclusion.
- Work with clients to prepare for negotiation and to conclude the negotiation successfully and efficiently.
- Where desired, assist clients in post-contract evaluation and monitoring of technology collaborations to determine whether the objectives of the collaboration are being met.
IP*SEVA stands ready to work with clients – private enterprise, scientific institutions and government organizations – to help achieve optimized results for technology collaboration projects.