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