Section 357GCZD | Acquisition of qualifying IP rights etc by another party to CSA

(1)Subsection (2) applies if—

(a)a company is a party to a cost-sharing arrangement,

(b)a person (“A”) assigns to another party to the arrangement (“P”) a qualifying IP right,

(c)the qualifying IP right is a right in respect of the invention, and

(d)the company makes under the arrangement a payment in respect of the assignment (whether to A or to P).

(2)The payment is to be treated for the purposes of section 357BLE as if it were a payment to A in respect of the assignment by A to the company of the right.

(3)Subsection (4) applies if—

(a)a company is a party to a cost-sharing arrangement,

(b)a person (“A”) grants or transfers to another party to the arrangement (“P”) an exclusive licence in respect of qualifying IP right,

(c)the qualifying IP right is a right granted in respect of the invention, and

(d)the company makes a payment under the arrangement in respect of the grant or transfer (whether to A or to P).

(4)The payment is to be treated for the purposes of section 357BLE as if it were a payment to A in respect of the grant or transfer by A to the company of the licence.