IP - Intellectual Property
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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.
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