In intellectual property, joint ownership refers to a situation where several people or entities jointly hold rights to the same invention, trademark, design, or work. This joint ownership may result from collaboration between creators or from the sharing of acquired rights, for example, in the context of a joint project.
Key aspects of joint ownership of intellectual property:
- Sharing of rights: Each co-owner owns a portion of the rights to the invention or creation, often in proportion to their contribution. These shares may be equal or unequal, depending on the agreement between the parties.
- Exploitation of rights: Co-owners must often agree on the terms and conditions for exploiting the invention or creation (licensing, sale, etc.). Some decisions may require the consent of all co-owners, while others may be made individually according to the rules defined in a co-ownership agreement.
- Co-ownership agreement: To avoid conflicts, it is recommended that a co-ownership agreement be formalised. This agreement specifies the rights and obligations of each co-owner, the rules of exploitation, the distribution of income, and the conditions for the transfer of shares.
- Conflict management: In the absence of a specific agreement, important decisions, such as the transfer of rights or commercial operation, may require the unanimous consent of the co-owners, which can complicate the day-to-day management of rights.
When it comes to patents, if several inventors collaborate on an invention, each of them can become a co-owner of the patent or patent application. They must then agree on the operating licenses or terms and conditions for marketing the patent, as well as on who will bear the costs associated with the patent/patent application.
In summary, co-ownership of intellectual property involves shared management of rights and requires coordination and agreement between the parties for the exploitation and protection of the invention or creation.