Joint Venture Law

What is a collaboration contract?

Also referred to as a collaboration agreement, a collaboration contract (Collaboration Contract) is an agreement between two (2) or more organisations (or individuals) that want to collaborate to pursue a defined or limited business purpose.  In essence a Collaboration Contract is a species of unincorporated joint venture because the collaborators have to contribute resources and decide on the ownership of the proceeds.  In the technology sector, the main legal issues involve the contribution and licensing of background Intellectual Property (IP), the ownership of the resulting IP and arrangements which apply at the end of the term. [Read more…]

Negotiating the value of your input to a Joint Venture

We are often approached by people wanting to go into a “Joint Venture” with other party(s) so as to maximise the benefit of their combined skills.  At first glance the synergies are generally obvious and some sort of joint endeavour usually makes commercial sense.

When asked for more information about the exact nature of the proposed “Joint Venture” it becomes clear that they either don’t really know what structure they would like, or don’t understand the issues involved in choosing the most appropriate Joint Venture vehicle.

The information in this article is based on our experience in assisting clients to negotiate and document various different types of Joint Ventures.

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What is a Joint Venture?

The term Joint Venture does not have a settled common law meaning under Australia law.  It is therefore is not capable of a precise legal definition.  That said, Joint Ventures in certain industries generally exhibit certain characteristics.

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