A Joint Patent Ownership Agreement becomes necessary when multiple parties contribute to an invention or acquire joint rights to a patent through various circumstances such as collaborative research, joint development projects, or commercial transactions. This document is particularly crucial in the Indonesian legal context, where it must comply with Law No. 13 of 2016 on Patents and related regulations. It is commonly used in research collaborations, industry-academic partnerships, and joint venture arrangements where intellectual property rights are shared. The agreement covers essential aspects such as ownership percentages, rights to use and license the patent, responsibility for maintenance fees, sharing of commercialization revenues, and procedures for patent enforcement. It should be tailored to meet specific requirements of Indonesian technology transfer regulations and foreign investment laws when international parties are involved.
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1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses
2. Background: Context of the agreement, including how the joint ownership arose and the parties' general intentions
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Patent Rights: Description of the patent(s), including registration details and territorial scope
5. Ownership Structure: Specification of ownership percentages and rights of each party
6. Management of Patent Rights: Procedures for making decisions about patent prosecution, maintenance, and enforcement
7. Exploitation and Commercialization: Rights and obligations regarding the commercial use of the patent
8. Cost Sharing: Allocation of costs related to patent prosecution, maintenance, and enforcement
9. Revenue Sharing: Distribution of revenues from patent exploitation
10. Enforcement of Rights: Procedures for dealing with patent infringement and enforcement actions
11. Confidentiality: Obligations regarding confidential information sharing and protection
12. Term and Termination: Duration of the agreement and circumstances for termination
13. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices
1. Technology Transfer: Required when the agreement involves transfer of technical knowledge beyond the patent rights
2. Foreign Filing Rights: Include when parties anticipate international patent filings
3. Improvements: Include when parties expect to develop improvements to the patented technology
4. Right of First Refusal: Include when parties want the option to purchase the other party's share
5. Academic Rights: Include when one party is an academic institution requiring rights for research and teaching
6. Government Rights: Required when the patent resulted from government-funded research
7. Export Control: Include when the technology is subject to export control regulations
1. Schedule 1 - Patent Details: Detailed description of the patent(s), including registration numbers, filing dates, and jurisdictions
2. Schedule 2 - Commercial Terms: Specific commercial arrangements, including revenue sharing percentages and payment terms
3. Schedule 3 - Management Procedures: Detailed procedures for decision-making and management of the patent rights
4. Schedule 4 - Existing Licenses: List of any existing licenses or encumbrances on the patent
5. Schedule 5 - Authorized Representatives: List of designated representatives from each party for patent management
6. Appendix A - Technical Description: Technical details of the patented invention
7. Appendix B - Development History: Documentation of the development of the patented invention and contributions of each party
Relevant legal definitions
Clauses
Relevant Industries
Pharmaceuticals
Biotechnology
Information Technology
Manufacturing
Electronics
Telecommunications
Chemical Industry
Automotive
Energy
Medical Devices
Agricultural Technology
Aerospace
Materials Science
Clean Technology
Consumer Electronics
Relevant Teams
Legal
Intellectual Property
Research & Development
Innovation
Business Development
Technology Transfer
Corporate Strategy
Commercial
Licensing
Patent Administration
Scientific Affairs
Relevant Roles
Intellectual Property Manager
Legal Counsel
Patent Attorney
Research Director
Chief Technology Officer
Innovation Manager
Business Development Manager
Technology Transfer Officer
Research & Development Director
Chief Legal Officer
Licensing Manager
Patent Portfolio Manager
Chief Executive Officer
Chief Scientific Officer
Commercial Director
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