- Client is a global industry actor experiencing an urgent need to strengthen their capabilities in a range of disruptive areas (e.g. connectivity, autonomy & electrification).
- To cope with the investments needed to establish these capabilities, the Client aimed to pursue a partnership-based approach to technology development.
- In preparation of the negotiations with the prospective partners, most of which were a new breed to the automotive industry, the Client approached Konsert for designing IP negotiation tactics to secure contractual IP provisions that aligned with the overall business objectives.
- Konsert mobilized technology area-specific task forces consisting of legal counsels, business strategists and technical experts, to identify the client's business needs and wanted outcomes in each of the planned partnerships.
- The Konsert team translated these business needs and wanted outcomes into a negotiation strategy for the respective task force, which outlined desired IP positions and corresponding IP provisions. The negotiation strategy was packaged in a tiered basis as best possible terms, acceptable terms and no-deal terms.
- The client adopted the strategies to successfully negotiate the scope and terms of the collaborative R&D projects in a manner that secured control over their key differentiating capabilities, maintained the freedom of selecting different collaboration partners in the future, and ensured liberty to pursue independent development in parallel.
- The project also provided hands-on tools, guidelines and processes specifically adapted for an agile project set-up, enabling the teams to operationally manage background, foreground and sideground IP.