During the project, consortium members will develop new technologies, make sketches and even, probably, lunch a product under a common brand. All of these activities will produce IP, whether the consortium members jointly file patents, create copyrighted material or register trademarks (“Foreground IP”). Nevertheless, each part of the consortium could play a different role in the development of specific IPs. Such unstructured contributions can complicate the granting of new IP rights to both parties. It is therefore imperative to develop in advance a mechanism for the allocation of intellectual property in the consortium agreement. Due to different IP rights rules, it is important to know how local laws deal with intellectual property rights, workers` inventions, and the licensing and transfer of IP rights. In addition, it is essential for the success of a consortium to design a balanced but also appropriate licensing for the background and avant-garde IP. The clauses above may be a bit more sophisticated than some that IP Draughts has seen, but they resemble in effect a lot that circulates. Readers can identify some general formulation problems in the above wording, but that is not the point of this article. IP Draughts chose this wording as representative of a class of clauses dealing with substantive IP, and not for the purpose of criticizing the specific agreement. Consortia generally improve the ability of defence companies to participate in more complex and large-scale projects.
However, a correct ip license and a clear legal framework are mandatory to ensure the success and sustainability of the consortium. When it comes to large-scale data processing and valorization projects, consortium members need to be even more careful in order to avoid legal issues related to privacy breaches or unenforceable data licenses. This wording is under development and may be revised in the light of readers` comments. An important difference from the wording cited at the beginning of this article is the lack of clear and immediate licenses for substantive IPRs. . . .