Negotiating Control of Intellectual Creations: IP, Know-How, Confidential Information and Contracts

Abstract

Most of the artefacts that reflect innovation (inventiveness or creativity) today are created with an exchange of benefits in the mind of the creator. This reality is the centre of this article. The approach, in engaging with this point, is two-fold. First, it draws together all artefacts of creation (whether protected by intellectual property legislation or not) into a single analysis. Second, the agreements that control the benefits of the creations are considered in terms of four categories: contracts for creations; contracts relating to creations; contracts for which creations are ancillary; and the absence of contracts. In discussing these categories, the article highlights their regulatory aspects – the manner in which the agreements in engage with the interests of both parties and the way every contract includes both positive and negative incentives for each.

Keywords: Intellectual property, contracts, regulation