Cross Border Acquisitions of Intellectual Property: A Comparative Analysis of Joint Ownership Under U.S. and European Law


Investigator:
Jonathan Cardenas

Abstract:
Contemporary technological innovation frequently takes place within the context of collaborative innovation networks operating between innovators located in separate, and sometimes competing, institutions. Collaborative innovation arrangements frequently lead to complex ownership structures over the intellectual property that is generated by the innovators. Joint ownership of intellectual property is one such ownership structure that is commonly used in the collaborative innovation context. While joint ownership can initially appear to provide a “win-win” situation for creators of intellectual property, it can later provide significant legal obstacles to innovators and investors, both of whom are seeking to exploit the value of the jointly owned asset. This research project will assess how joint ownership rules on both sides of the Atlantic impact intellectual property valuation and investment decision making, and will explore avenues for harmonization of U.S. and European intellectual property laws.