Progress starts with an idea. It may be an idea for something completely new and innovative, but more often it is incremental improvements of existing technology.
The path from an idea to a finished product is usually long. It often includes research and development (R&D). We have the expertise and experience required to guide businesses, research institutes, universities, inventors, start-ups, investors and others involved in R&D activities. There are many pitfalls within this field, but by utilising our in-depth legal knowledge combined with a commercial mindset and knowledge of the clients' needs, we are able to help the client avoid such pitfalls.
Our R&D related services combine a number of legal practice areas, and the ability to see these combinations are often vital:
- It is firstly important to secure the results of the R&D efforts by employing a carefully considered strategy for protection of intellectual property rights, such as patenting.
- R&D results and other sensitive information may furthermore be secured through measures to ensure confidentiality, such as non-disclosure agreements (NDAs).
- Commercial exploitation of R&D results is often done by entering into commercial contracts with partners. It may for instance be license agreements, co-operation agreements on technology development, agreements on clinical trials for pharmaceuticals, or sale of IPR.
- In some cases, the technology development team won't have the financing required to bring the R&D results all the way towards an end-product. Tenden assist throughout all the phases towards commercialisation of technology. Our assistance may i.a. combine establishment of a business, financing and capital changes.
- Securing access to necessary competence and resources is vital for all R&D intensive enterprises. That being the case, it is important to provide the right incentives for employees, whilst simultaneously ensuring that the business secures necessary rights to the results of the employees' efforts. That may be even more important when using consultants or co-operating with other external parties, such as guest researchers or students for a university or research institute. Tenden has a highly skilled and knowledgeable employment team, and also has in-depth knowledge of the special requirements applicable for R&D intensive enterprises, such as the Act on Employee Inventions.
- R&D projects also have a tax related side. It is obviously important to know the applicable law, but also the possibilities and tax incentive schemes that may apply for R&D projects.
- Co-operating on technology development may also raise competition law or state aid legal issues. Tenden has long-standing experience with such issues.
- The relationship to public entities, including the Norwegian Research Council and Innovation Norway may be important, but also the regulations pertaining to the R&D sector more generally, including research institutes and the university sector.