Mondaq Business Briefing -Clarks SolicitorsUnited Kingdom - The Role Of IP And JVS In E-Business.

(From Mondaq.com)

Article by James Thorby and Georgia Shriane

The importance of intellectual property (IP) in the e-business and technology based businesses of the Thames Valley cannot be overstated. This article, written by members of Clarks Corporate & Technology group, considers the roles of IP assets and the joint venture vehicle in enabling businesses to trade electronically more effectively.

Before you can exploit IP (electronically or otherwise) you must first make it secure. This can be achieved by both legal and non-legal strategies. These are summarised below. This also addresses the relevance of particular IP rights to an e-business.

By registering trademarks (as well as patents and designs, where appropriate) and properly monitoring use of copyright, database, know-how and confidential information it is possible to effectively control the use of your technology, including software, its source code, databases and product development. This can provide either a sustainable competitive advantage, an income stream or the basis for development of new products, particularly relevant to e-business and its novel business models.

In relation to e-business, it may well be appropriate to work with trading partners, with each bringing the business venture their unique skills e.g. website design, marketing, data management and other software applications. Such co-operation may well take place through the medium of a joint venture. Common reasons for establishing a joint venture are summarised below.

The term "joint venture" is widely used commercially to cover a range of situations where two or more parties agree to establish a common enterprise or business in which they will jointly participate.