The Brunswick Group has developed a series of standard agreements for use between two universities or similar non-profit organizations. The Intellectual Property Office (IPO) is the official authority of the UK government for intellectual property rights (IP), including patents, designs, trademarks and copyrights. They have published seven pilot research cooperation agreements for universities and companies that intend to jointly conduct joint research projects. Standard agreements are starting points and their use is not mandatory. Each model agreement provides for different circumstances and is not sectoral, allowing for flexible use. However, model agreements can be adapted to the particular circumstances of your project. Among the most important provisions are the conditions for the financing of the project and the amounts each party must pay for the duration of the agreement. It is very important to document what happens when more money is needed for the project, when a party does not pay, if it is obliged to do so, and how and when each party can expect to recoup its investments. Where a party does not comply with the payment obligations imposed on it under the cooperation agreement, the other party or party may seek damages from a court for damages they have received from non-payment by the aggrieved party. If a party invests a lot of resources or makes a significant investment in the project, it can seek compensation for any losses it suffers in certain aspects of the project. Compensation is a contractual obligation that one party grants to another party to compensate that party for the losses incurred or likely to be incurred by that party, and any loss may be recovered by the party compensated. Payment terms could also include practical provisions for billing agreements; Cooperation allows both parties to benefit from the know-how that each of them can offer.
This can be a useful strategy when a company wants to enter a new market or launch a new product or service on the market. Cooperation means that both companies can share resources, risks and rewards. NIHR wants to ensure that the research it supports is conducted in an environment that promotes maximum dissemination and, if necessary, exploitation of results. It is therefore essential that NIHR know who is involved in the research and how this relationship is regulated. In this context, contractors should be aware that NIHR may wish to review all cooperation agreements before being implemented to ensure that they are in compliance with the NIHR research contract. The standard research contract requires organizations to disclose agreements with third parties and to ensure that no agreement is reached to prevent organizations from complying with contractual terms. The Lambert toolkit, including instructions and model agreements, is only designed to be used if the agreements are governed by English law. In order to use another legal system, you must seek advice from a lawyer who will deliberate on the law of that country. The project schedule is a separate agreement within the framework of the cooperation agreement, so that the parties can agree on specific projects or tasks. The project plan usually contains a description of a particular project, potential contributions and royalties (i.e. project royalties that one party must pay to the other).
Developing a cooperation agreement at the beginning of a project before the creation of intellectual property (IP) can then save a lot of negotiations.