In intellectual property, co-ownership occurs when multiple individuals or entities share rights in the same invention, trademark, design, model, or work. It typically arises from collaboration among creators or from the sharing of acquired rights, for example, in a joint project.
The main issues in co-ownership are:
- Distribution of rights: Each co-owner holds a share of the rights proportional to their contribution. These shares may be equal or unequal, depending on the terms agreed upon by the parties.
- Use of rights: Co-owners must agree on the terms of use (licenses, sales, etc.). Some decisions require the agreement of all parties, while others may be made individually under the terms of the contract.
- Co-ownership agreement: It is advisable to draft a written contract that defines each party’s rights and obligations, the terms of exploitation, the distribution of income, and the terms for transfer of shares to avoid disputes.
- Conflict resolution: Without a specific agreement, major decisions (such as the transfer of rights or commercial exploitation) may require unanimous consent, complicating management.
When several inventors collaborate on a patent, each may become a joint owner of the patent or patent application. They must then agree on licensing, marketing, and the allocation of patent-related costs.
In summary, co-ownership of intellectual property involves the joint management of rights, requiring coordination and consensus among the parties for the exploitation and protection of the creation or invention.