In all spheres of business there will be occasions when you form special or strategic relationships with other parties, and a solid legal framework can be invaluable in keeping the relationship on track.

Manufacturing & Technology

Frequently you will need to get other businesses involved in a key aspect of your business.  This could be as straight forward as sub-contracting the manufacturing of a key component or product.  Or it may involve getting a specialist to develop a vital new process, component or product for you. A proper contract can help you ensure that the process runs smoothly, deadlines are achieved, standards maintained, your key provider is properly tied to you for the period that you require, and that your intellectual property and business information is protected and remains with you.  Equally if you are a key provider to someone else, it is in your interests to ensure that your customer is tied to you, your obligations are manageable, your specialist skill, knowledge and intellectual property are protected, and you get paid on time.  Let us help cement your key relationship on solid foundations.

Collaboration

Businesses, when developing new products and technologies, may enter into strategic relationships with other parties that enable both sides to gain an end result which they could not achieve on their own.  This may be a marriage of equals, or may be more asymmetric, for example where a small but innovative entrant to the market needs the resources of an established player to help develop an idea or innovation.  Such collaborations can be subject to an underlying tension and suspicion that one party is exploiting the other, particularly if the project does not run exactly to plan.  A proper collaboration agreement will help to reduce this effect. 

It is important to establish a clear framework for the project, and a platform for strong, open project management. What does each party have to do, what resources shall they commit to the project, and what do they get from it when the end product is exploited?  What happens if research and development costs spiral out of control, or milestones are not achieved?  How can you be sure that your own pre-existing intellectual property is protected, and that the resulting valuable intellectual property in the end product is held to the parties' mutual benefit?

We have substantial experience across both the commercial and intellectual property teams of acting for a range of clients including manufacturing, science and technology, and pharmaceutical companies (from university spin-offs to large multi-nationals) in such projects, and can help you take research and development work forward properly protected and with confidence.

Joint Ventures

Frequently two businesses may simply wish to work together to develop new areas of business to their mutual benefit, although not actually working for each other or sharing any intellectual property.  The common law may imply a traditional partnership into any undocumented relationship which involves two or more parties working together with a common view for profit. This carries implied legal duties and responsibilities, which may very well not be desirable for your project.  Accordingly it is common to structure the project in such a way as to avoid an implied partnership, and to set out the respective parties' obligations and rights in a joint venture agreement. 

There may also be distinct advantages to setting up a new company to take such projects forwards, and our corporate team regularly advise in such matters.

tbi
12 Evolution
Wynyard Park
Wynyard
TS22 5TB