IP - Intellectual Property

KOSH is a company that will create and consume IP. IP is very important, representing a great part of the worth of a company. It provides competitive edge and the potential for multiple revenue streams, whether through direct exploitation, such as the creation of an actual product, or indirectly, through the licencing of such IP to third parties. Key in this is that the IP is properly registered and protected. This is another reason why KOSH needs to be a company.

One of the guiding principles of KOSH is to reward those who help in the creation and maintenance of KOSH. To that extent, any IP developed or donated to KOSH will always beheld in partnership with those who were responsible for developing it. In this way, KOSH can guarantee on having a stable IP foundation, and those who bring IP into, or create IP within KOSH can guarantee that any money made from that IP will be shared equally between KOSH and themselves, rewarding their own efforts. An IP officer will be responsible for receiving, processing and awarding IP.

There are a variety of scenarios for IP donation and creation. These are laid out below;
  • IP is licenced to KOSH. A deal is done between a third party to licence in total or in part either a set of IP (from which a product or service can be developed) or a service or product already containing that IP. In this case, the ownership of the IP remains with the originator. Part of the negotiated licence is that KOSH can licence the negotiated IP in perpetuity, in order that it can build a system using the IP and can rely on having access to it in the future. For this scenario, KOSH can develop IP on top of the licenced IP and retains full ownership of its own developed IP. Payment for this scenario is cash or virtual credit.
  • IP is brought into KOSH. If IP is brought into KOSH then it MUST be declared to the IP officer BEFORE it is introduced. This is necessary to ensure that the IP was already in existence before it entered KOSH. IP brought into KOSH and accepted for use is considered to be jointly held by the person, persons or company identified as owning the IP and KOSH itself in a 50% KOSH, 50% others contract. There is no payment for this IP. However, if a third party shows an intention to licence the IP then, on agreement of both parties to the IP contract (KOSH and the originator(s), it can be licenced out and revenue received is split 50% between KOSh and the originator(s). Each party can continue to develop the IP separately but it will require the agreement of both parties if a product or service is sold that uses the base IP as part of it.
  • IP is created within KOSH. IP created within KOSH is implicitly owned by KOSH. Since IP generated within KOSH will occur as a result of discussion and debate within the individual WGs, it is extremely difficult to assign any direct ownership of such IP to an individual. As a result, any IP generated within a Working Group, that is registered with the IP officer as being jointly owned will be subject to the same contract as the IP brought into KOSH contract, with the 2 parties being KOSH and the others being ALL members of the Working Group at the time of the claim being registered. Each member of the Working Group will have an equal share.