COLLABORATION MODEL
SCORING AND RECOMMENDATIONS
Scoring |
Weight |
How to ensure Success and Mitigate Risk |
|
Strategic |
Shared objectives |
|
Establish a mutually beneficial arrangement consisting of a well-articulated future business relationship by co-creating intellectual property, collaborating to share risk, and developing and exploiting new products and services |
Clearly defined collaboration scope |
|
Identify scope of contribution of intellectual property to the co-creation effort, expected IP output of such effort and governance mechanisms to support a successful co-creation relationship |
|
Freedom to operate |
|
Limit Background use solely to co-creation effort and usage rights for co-created assets Ensure contributor remains free to develop and offer its contributed Background and the co-created Foreground on a stand-alone basis |
|
Risk sharing |
|
Contribute valuable Background and other resources for purposes of co-creating new and innovative products and services |
|
Worst Case planning |
|
Carefully design Background utilization and Foreground development and commercialization arrangements Take into account need for continued access to Background to avoid IP chain of title issues |
|
Senior Executive Support |
|
Ensure strong senior support for co-creation management, covering business, legal, technology, risk and other co-creation aspects |
|
Business |
Business Value proposition |
|
Create new and innovative solutions which cannot be fully developed through closed innovation, hence requiring the sharing of Background and joint use of Foreground |
Due diligence |
|
Diligence for clarity on (lack of gaps) in IP chain of title of Background Ensure (continued) usage of contributed Background and limit exposure tied to lack of recourse in the event of IP issues |
|
Optimal legal/ business structure |
|
Carefully design and structure Background usage rights, Foreground development obligations and commercialization rights Provide for adapted contractual governance and issue escalation mechanisms |
|
Partnering metrics |
|
Focus on Background acceptability criteria (geared to the co-creation output) and Foreground development milestones and obligations as key partnering metrics in any co-creation arrangement |
|
Rewards/ penalties |
|
Ensure for a (defaulting) partner exiting the co-creation to be sanctioned by obligation of continued Background usage rights for the other party, and forfeiture of ownership and usage rights of Foreground |
|
Operational |
Decision-making processes |
|
Design a permanent contractual governance system to allow the partners to manage the co-creation project, also in view of absence of permanent legal entity |
Communication |
|
Clearly communicate progress and potential co-creation issues on a regular basis, with such communication aligned to the contractual collaboration obligations of the parties |
|
Quality checkpoints and review |
|
Carefully design and structure Foreground development milestones, delivery and review processes to ensure success of the co-creation arrangement |
|
Change management |
|
Ensure strong change management procedures to deal with any scope and other deviations in the co-creation arrangements |
|
Issue Escalation Mechanisms |
|
Adopt flexible issue escalation mechanisms to deal with unresolved operational matters and the inherent complexity of co-creation efforts |
|
Cultural |
Collaborative mindset |
|
Generate co-created intellectual property, collaborate to share risk, and develop and exploit new products and services |
Dedicated alliance managers |
|
Ensure Single Point of Contact relationship management between the co-creators, covering business, legal, technology, risk and other co-creation aspects |
|
Joint decision-making processes |
|
Establish well thought through decision-making processes are key in complex co-creation projects, including change management and issue escalation mechanisms |
|
Appropriate incentives |
|
Use negative collaboration incentives such as obligation to provide continued Background usage rights and forfeiture of ownership and usage rights of Foreground, in addition to positive collaboration incentives |