Our experienced commercial lawyers can advise you, draft or revise your cooperation agreement to protect your interests. Over time, networks began to compete with each other, while suppliers, general partners, competitors and even the customer could now contribute to the innovation process in new and surprising ways. In addition, companies no longer cared about managing individual collaborations and connections. They were now managing their position in the network. Musical cooperation agreements exist between two artists who want to make a song or album together. Factors such as copyright, royalties and intellectual property are the most important elements of these cooperation agreements. There are 2 types of cooperation – contractual and entity-based. A cooperation agreement should cover the project concerned and the resources used for its implementation. Whether a cooperation agreement should contain detailed provisions on intellectual property depends on the nature of the project and whether the intellectual property should be used or created in the context of the enterprise. The most fundamental and sustainable way to collaborate for innovation is through strategic alliance.

Strategic alliances are agreements between two (dyads) or more (e.g., triads) independent companies that temporarily pool resources and efforts to achieve their strategic goals. Cooperation agreements contain conditions that govern relations between employees, for example by stipulating: It is important to remember that agreements are mechanisms through which cooperation is formalized. The discussion that follows will include references to types of agreements that are not normally considered collaborative. They are included here because there are cases where such agreements are used to formalize one aspect of the cooperation, but not the entire relationship. There are different types of interinstitutional agreements, some of which cover a wide range of issues, while others focus much more narrowly on one or just a few issues. Here are some examples: Cooperation agreements are usually found when individuals or companies that have their own separate businesses come together for something special and unique. Whatever the contributions, they must be clear in the agreement. Any external intellectual property should also be licensed in writing as part of the cooperation agreement (or in a license agreement signed simultaneously) for collaboration. Each employee wants to protect confidential or commercially sensitive information provided as part of the collaboration, so the agreement should include a non-disclosure agreement and confidentiality provisions. The agreement should clearly specify the extent to which the parties may use confidential information and whether they may engage in activities which may compete with the cooperation project. A cooperation agreement helps avoid uncertainty with your employee by clarifying the nature and scope of your relationship. In the absence of a signed cooperation agreement, questions may be raised about the ownership and control of jointly created works and the authority to dispose of rights in the work.

It`s also important to determine what happens if employees separate for any reason. A collaboration agreement can be as simple or complicated as you want, but the important point is that it is industry-specific and focuses on your business needs and what you want to get out of the collaboration. Depending on the exposure of the parties to the project and the resources of each of them, it may be appropriate to include provisions limiting liability due to the performance or non-performance of obligations under the cooperation agreement. There are certain liabilities, such as death or personal injury caused by negligence, where liability cannot be excluded by law, but in some scenarios, an agreement could do the following: Brands that lead product collaborations tend to operate in the same or complementary industries. By collaborating on a project, they find ways to leverage their existing customer base while attracting a wider audience. The key to any good cooperation is probably strong communication. Accordingly, the Parties to the Cooperation may request that the Agreement establish formal reporting requirements for each Party and according to a schedule of high-level meetings. The nature and scope of reporting obligations depend on the specifics of the project. For example, collaborating to develop new technologies may involve more comprehensive reporting and project management. In short, effective cooperation can take many forms.

From early strategic alliances in IT and pharmaceuticals to modern ecosystems in transportation, retail, and utilities, businesses and their employees are coming together to solve problems that none could solve alone. Self-shaking pans, smart thermostats and 3D printed bridges are the result of an ambitious collaboration. Cooperation agreements are used in all types of companies, the common denominator in their use is that two or more business partners want to create a contractual joint venture. The termination provisions of a cooperation agreement are probably one of the most important contractual conditions. Each party should think carefully about what happens if the project fails, stagnates or goes wrong and what that means for them and their investment. But collaboration is not for everyone. Before a company decides to invest in building sophisticated alliances, portfolios, innovation networks, or ecosystems, it must ask itself, “Do these assets justify the goal?” In other words, “do innovation partnerships align with my company`s strategic goals?” To answer this question, and before we continue, I`ll leave you with some excerpts from Robert Porter Lynch`s “Strategic Alliance Best Process Workbook.” .