JV OWNERSHIP
- Ownership by the JV alone
- Joint Ownership by JV and a partner (but beware your Siamese twin!)
- Ownership by JV and license to partner(s)
- Ownership by partner(s) and license to the JV and⁄or the other partners
JOINT OWNERSHIP
- Joined in enforcing against third parties – cannot be waived.
- Under certain IP laws, duty to account – can be waived in the U.S.
- Some countries require consent of all joint owners to license.
- Joined in prosecuting and maintaining (i.e. determining scope of protection of IP).
- For trade secrets, joint obligation to protect confidentiality.
- Create IP “Best Practices” in the JV policies & procedures re: confidentiality, IP clearances, enforcement, defense of claims, registration, maintenance, etc.