Term Of A Joint Development Agreement
A (pure) development contract is not a special agreement within the meaning of Book 7 of the Dutch Civil Code and Book 7A of the Dutch Civil Code. Unlike special agreements such as an agency contract, an employment contract, a transaction contract, a construction contract, a rental contract, etc., there is no legislation for a development contract. Therefore, development contracts are in principle formless (no special rules apply), unless they can be qualified, for example, as an assignment contract (in which a party gives instructions for the performance of development activities). This is therefore a great opportunity for contracting parties to conclude their mutual agreements, but also carries risks, as issues not covered by a development contract are not covered by legislation. Collective intellectual property raises very serious control issues, particularly with regard to patented intellectual property. == The law allows each of the co-owners of a patent to make, use, sell or offer the patented invention to other owners without consent or accounting. This is different from most other types of property held in common, where even if one party may act without the other, it is often necessary to distribute the revenues. Fortunately, the law on this subject contains an escape clause stipulating that joint patent holders can restrict the other`s ability to hold rights in the patent if they have “an agreement to the contrary”. 1- Are the JDA contract, the contracting authority contract and the construction contract the same document? In short, joint development agreements allow companies to act together to achieve more than they could do alone. But without careful planning, they can also be an invitation to a business relationship of confusion, unhappiness and loss. The developer may also request a power of attorney under the terms agreed in the JDA.
In a typical common development scenario, the owners enter into a JDA with the developer who sets the terms of the agreement, for example. B the ratio between the distribution of the built area in the proposed building, the advance (refundable or non-refundable), the time of completion of the construction, the consequences in case of delay / default, the power to obtain authorizations, carry out the construction, mortgage or sell the developer`s share, etc. As is currently the case, there is no provision for the registration of a JDA (including amendments or additional documents), which would be valid and enforceable even without registration. Depending on its form, content and circumstances, a development contract may be terminated in different ways: by expiry of the duration of the development contract, termination, termination, cancellation, nullity and by mutual agreement. . . .