Creating Profit Through Alliances - business models for collaboration E-book | Page 85
5.
The formal agreement
occasions in which the advice of a legal expert or
contract specialist is important:
In the previous chapters we focused on the creation
and distribution of value. A collaboration between
two or more parties will eventually be laid down in
an agreement. The purpose of the collaboration and
the distribution of revenues and costs are important
inputs for the contract. This chapter will delve deeper
into some general aspects that can apply to various
forms of alliances.
Process
Even before engaging your partner in dialogue, it is
important to consider the possible legal aspects. As
indicated in Figure 27, there are three important
When formulating one's own strengths,
competences or resources: in how far have
knowledge, brands or documents been
established and protected? Has the
confidentiality of knowledge that cannot be
protected been arranged well?
When entering talks with the other party: will a
declaration of confidentiality be signed? What
would this declaration reasonably cover, and
what not? And in how far are the agreements in
such a declaration enforceable?
When fleshing out the collaboration in a
contract: which legal form do you choose? What
will you formally arrange, and what not? In how
far do you take account of new possibilities and
patents?
This chapter focuses on third point in particular.
In any collaborative process, it is important to keep
legal aspects in mind from the outset. However, this
is not to suggest that you should bring along a lawyer
to your first meeting, certainly not in an equivalent
situation within the same country. If the situation
involves a partner abroad, then it does make sense to
formulate a protocol in advance to create
equivalence, by agreeing which company staff will
engage in consultation, and by choosing a
negotiating language that both parties can use with
equal ease. The same applies for the law to which
the agreement will be made subject.
83