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