Section 4

As your responses to the previous sections did not provide an easy 'fit' between the project and model agreements 1, 4 or 5, it is likely that you are undertaking the project to address both academic and commercial interests, and that the results are going to be of significance for both the institution and the collaborator.

Collaboration Agreements 2, 3 and 4A address this situation.

Under Collaboration Agreements 2 and 3, the institution will own IPR in the results as a starting position.

Collaboration Agreement 2 does not change the ownership of the results, but it gives the collaborator an opportunity to try and negotiate an exclusive licence to commercialise some or all of the results.

Collaboration Agreement 3 does not change the ownership of the results, but it gives the collaborator an opportunity to try and negotiate an assignment of some or all of the results.

Collaboration Agreement 4A provides for the institution owning some of the results and the collaborator owning other results.

To help determine whether to use Collaboration Agreement 2, 3 or 4A, try answering the following questions:

PLEASE TICK THE BOXES THAT APPLY

YES

1. Will an exclusive licence provide an effective means through which the collaborator can commercialise the results?

2. Are there likely to be applications/fields of use, markets/territories in which the collaborator is unable to commercialise, or is uninterested in commercialising, the results?

3. Does the project represent an integral part of the PI's overall research activities, and will the IPR in the results therefore be of significance to the PI's long-term plans?

4. Is the project based more on the institution’s background than on the collaborator's background?

5. Does the institution have the patent budget and expertise to manage the IPR in the results?

POSSIBLE OUTCOMES

0 - 2 "Yes" answers

It looks as though Collaboration Agreement 4A will be the most suitable for your purposes, particularly if the most effective means to ensure successful commercialisation will be through the collaborator owning specific IPR.

3 "Yes" answers

The position is evenly balanced, and it looks as though Collaboration Agreement 3 will be the most suitable for your purposes, but you may wish to reconsider some of your answers. Answering the additional questions may help to clarify things.

4 - 5 "Yes" answers

It looks as though Collaboration Agreement 2 will be the most suitable for your purposes.