One of the key activities of Higher Education and Research Bodies is collaborative research. In order to balance the benefits of research with the risks of working on experimental research with third parties, institutions should look to enter into an appropriate agreement to manage such risks.
What type of arrangement are you entering into?
One of the first and most important factors which you will require to determine when contemplating entering into a research project and contract is the type of arrangement and contract that will be required.
If you are at the early stages of discussions with a potential research partner, one of the earliest agreements that you may require would be a non-disclosure agreement. This type of agreement would be suitable for protecting your institution’s confidential information that you may require to disclose as part of an initial evaluation to determine whether a research project is viable with a particular research partner.
One you have a planned project in mind, institutions should move to consider whether the work they are partaking in is a piece of funded research (selected when you are provided with funding to delve into your chosen subject area with no particular or guaranteed result in mind) , contract-research (where you are engaged to research a specific topic with particular milestones to be met), or moving further into a commercial territory with provision of services (specific results would more likely be expected in this scenario with the work being completed within particular dates). The type of work and agreement used will ultimately have an impact on the VAT and Intellectual Property implications of the work which you do.
Additional Considerations
Another factor that you should consider is the category of person involved. For example, if students of your educational institution are to be involved in the research, you should consider whether the students will be working alongside your academic staff or not (and the varying levels of risk involved which will require to be built into any collaborative arrangement). Additionally, if you are subject to any third party requirements, you may require to enter into additional flow-down agreements with your staff or students, passing on particular risks or arranging for assignment of intellectual property in order to meet your own institutional obligations.
Funding Arrangements
Regardless of the type of research work which you are completing, or the type of agreement entered into, a key factor which will require to be in consideration throughout the entire process is that of third party funding obligations. Funding agreements will often dictate the intellectual property arrangement that you must follow, the ways in which funding can be spent on the research, and the methods for publications which require to be followed, including, in some circumstances, publishing through open access. All of these factors will require to be built into any collaborative or flow down agreement, and must take precedence over discussions which may have been held with potential research partners.
Parties will often have a preference in mind over intellectual property ownership when applying or creating a research project, however it is important that an institution does not agree in early discussions to a particular intellectual property arrangement prior to being aware of its own funding obligations.
How can Thorntons help you?
If you are looking at protecting your own intellectual property rights, a higher education institution looking for advice on your research contracts, or if you are acquiring a license to or acquiring ownership over another party’s intellectual property rights, it is crucially important to obtain legal advice before, during, and after the transaction, especially in novel areas such as digital assets. With experts in the field, including a Chartered Trade Mark Attorney, Thorntons will guide you through the process, providing you with a bespoke service tailored to your needs. Please do not hesitate to contact us on 03330 430350 to discuss your needs further.
