V. Ownership

In the context of the Earth Cooperation Treaty (ECT) and guided by the planetary nexus governance framework, the Global Centre for Risk and Innovation (GCRI) plays a crucial role in managing intellectual property (IP) that emerges from collaborative environmental projects. This management is structured around models of plural or partial common ownership, ensuring equitable and effective utilization of intellectual resources aligned with the ECT’s objectives.

Intellectual Property

Plural Ownership of Collaborative IP: GCRI maintains a model of plural ownership for all intellectual property generated through collaborative efforts. Under this model, while GCRI holds the primary stewardship role, ownership is fractionally shared with all contributing parties according to their respective contributions. This arrangement facilitates a cooperative and integrated approach, enhancing the governance and exploitation of IP in line with global sustainability goals.

Licensing and Utilization Rights: Under the plural ownership model, GCRI grants non-exclusive, royalty-free licensing rights to all contributors. These rights enable each party to utilize, modify, and further develop the shared IP for various ends, including commercialization. This broad licensing approach is designed to stimulate innovation and wide application of these developments, thereby boosting global capacities to tackle environmental challenges.

Patent Contributions

Shared Patent Ownership: Contributions to patents resulting from the collaborative projects lead to shared ownership among GCRI and the contributing parties, proportional to their respective inputs. This shared ownership incentivizes active participation and acknowledges each party's intellectual contributions in a tangible manner.

IP Protection and Registration: GCRI coordinates the protection and registration of shared IP, which includes filing necessary patents and copyrights. Costs associated with these activities are equitably distributed among GCRI and the contributing parties, reflecting their shared investment in the IP's creation and maintenance.

Commercialization

Collaborative Commercialization Process: Commercial exploitation of the shared IP is managed through a collaborative framework. Parties interested in commercializing the IP must present detailed plans and enter into negotiations with GCRI and other contributors. Revenues generated from such commercial activities are shared among all contributing parties, according to their established shares in the IP, ensuring fair compensation for their contributions.

Confidentiality

Enforcement of Confidentiality and IP Rights: All parties commit to maintaining the confidentiality of all information related to the shared IP. Moreover, the parties collectively undertake the responsibility to enforce their IP rights against unauthorized uses or infringements, thereby preserving the value and effectiveness of their shared intellectual assets.

Dispute Resolution

Collective Dispute Resolution: The agreement includes specific procedures for resolving any disputes that arise concerning the creation, use, protection, or commercialization of the shared IP. These procedures often involve mediation or arbitration, providing a structured pathway to address disagreements while maintaining the cooperative dynamics essential for ongoing collaboration.

Through the adoption of plural ownership models, GCRI not only acts as a steward but also as a facilitator of shared governance over intellectual property. This approach is pivotal in fostering global cooperation, technological innovation, and equitable distribution of benefits, crucial for advancing sustainable development and environmental protection on a worldwide scale.