The United Kingdom Clinical Research Collaboration has published a series of model agreements that sponsors and host institutions can use for commercial research on medical devices, research with contract research organizations and commercial research in the field of primary procurement. All agreements should have a specific date for the end of cooperation. Termination clauses can be added to determine when and under what conditions each party can terminate the contract before the end date. The deadline may be extended by the amendment procedure if both parties agree. This is a common practice in the context of fruitful cooperation. Negotiating the granting of intellectual property is a central element of the Research Cooperation Agreement. Take the time to think about it clearly and find a solution that meets each other`s needs. An important part of the IP provision is what the agreement actually promises with respect to licensing or “subsidy.” Normally, the parties enter into a research cooperation agreement in order to gain access to the discoveries resulting from the cooperation project. The fourth part of a well-written cooperation research agreement is the budget. There is a tendency to view this as the most important part, as it documents the funding that the parties contribute.
However, this is an inappropriate emphasis. While public sector agricultural research is grossly underfunded and, therefore, the funds obtained by cooperation partners have an extremely important place in the overall research budget, collaborative research should never be seen primarily as an opportunity for revenue growth. Cooperation is much more than that. The focus solely on research funding misses the use of the agreement as a means of transferring technology and a means of creating an intellectual synergy that could be formed when researchers work together. The second part of a well-developed cooperation agreement is called a declaration of work. This can sometimes be referred to as a research plan. It describes the research proposed by the parties and identifies approaches to be implemented and methods to be used. The most important thing is that this part of the agreement determines who is responsible for what and sets the deadlines for the completion of each part of the research project. In these times of uncertainty and potential for delays/interruptions in research programs, it is important to keep research sponsors informed of the status of sustained research initiatives. Each initiative is subject to a research agreement that includes contractual obligations.
Small sponsors and/or private sponsors are not allowed to publicly communicate the impact of the current climate on existing research agreements. If you have any questions/concerns about existing agreements with such sponsors, please contact the relevant VPRI staff. Patent laws around the world are different. According to patent laws in almost every country outside the United States, inventiveness is determined by who is the first to file the patent (and participated in the discovery process). In the United States, inventiveness is determined by the first inventoried, and ownership follows inventiveness, that is, ownership belongs to all those who deposit first. This is called the “first to file” approach. It is therefore necessary for a Community research agreement to address the issue of ownership or refer to the national laws of partners.