Clarifying intellectual property in cross-border research agreements

Background

When Sapient Therapeutics (now Avata Biosciences) engaged us, they were advancing drug discovery and early clinical development in the cannabinoid space. Their work depended on a series of cross-border collaborations, including arrangements with Canadian partners and leading academic institutions.

At this stage, clarity over intellectual property rights was critical. The business needed to ensure that both background and foreground intellectual property were properly defined, allocated, and protected across multiple agreements. Without this, there was a risk of uncertainty that could affect both commercialisation and future investment.

The LS Law Approach

We approached the engagement by focusing on precision and alignment with Sapient’s commercial objectives. Our role was to ensure that intellectual property provisions were clear, enforceable, and consistent across all agreements.

We worked closely with Sapient’s CEO and Chief Medical Officer, alongside in-house counsel in Canada, to draft and negotiate two key agreements: a Technology Licence and Services and Equipment Supply Agreement, and a Collaboration and Research Agreement with an academic institution.

In the Technology Licence and Services Agreement, we clarified the ownership and use of data and intellectual property, ensuring that rights were appropriately allocated between the parties.

In the Collaboration and Research Agreement, we incorporated material transfer provisions relating to biological samples from clinical trial participants. This required careful drafting to ensure that intellectual property generated from these materials was clearly addressed and aligned with Sapient’s development strategy.

Throughout, we maintained a pragmatic approach, focusing on achieving clarity without introducing unnecessary complexity, and ensuring that the agreements could be finalised within the required timeframe.

The Outcome

Sapient Therapeutics secured clear and consistent intellectual property rights across its key cross-border agreements.

The agreements provided certainty over ownership and use of both existing and newly developed intellectual property, supporting the company’s ability to progress its research and development activities.

By finalising these arrangements in a timely manner, Sapient was able to maintain momentum in its collaborations while reducing legal uncertainty. The resulting framework formed a stable basis for ongoing development and future commercialisation.