Maximising innovation and finding a workable compromise

The aim of the model agreements is to maximise innovation. The cornerstone of the five model Research Collaboration Agreements is that, at the least, a commercial Sponsor should have the right to use the Results on a non-exclusive basis so as to promote the use of the Results and therefore innovation.

Critical to model Consortium Agreements B and C is that there is an Exploitation Plan and that if a party tasked with exploiting the Results does not do so, the rights to exploit other parties’ Results come to an end. Model Consortium Agreement A creates a level playing field under which all the parties have the right (but not the obligation) to exploit the Results.

The model agreements have not been developed with the aim of maximising the commercial return to the universities; the aim is to encourage university and industry collaboration and the sharing of knowledge. They do not represent an ideal position for any party; depending on the circumstances they are designed to represent a workable and reasonable compromise for both or all parties.