PART 8A Profits arising from the exploitation of patents etc

CHAPTER 7 Supplementary

Cost-sharing arrangements

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.
Ss. 357GC-357GCZF substituted for s. 357GC (with effect in accordance with s. 23(5) of the amending Act) by Finance (No. 2) Act 2017 (c. 32), s. 23(3)
Pt. 8A inserted (with effect in accordance with Sch. 2 paras. 7, 8 of the amending Act) by Finance Act 2012 (c. 14), Sch. 2 para. 1(1)