Collaborative Agreement Research
After establishing an inventory (in the list of materials) of the IP/TP that will be introduced into the project, the next step will be to clearly determine how to determine the ownership of the new property (new IP/TP) discovered as part of the project. In a typical collaborative research project, there is potential for three classes of new IP/PT: the first part of the collaborative research agreement is commonly referred to as the statement of objectives. This explains the general state of the agreement. It describes what the parties want to accomplish together and why cooperation is important. The negotiation of intellectual property is an essential element of research cooperation. Take the time to think clearly and find a solution that meets the needs of both parties. In truly collaborative research, the list of materials may need to be changed regularly. This requires that the agreement can be easily modified (as mentioned above). As a well-written research cooperation agreement, the list of materials will dynamically respond to the emerging needs of researchers. Harvard OTD establishes dozens of successful research collaborations between academic scientists and industry partners each year. Similarly, it is important to indicate the degree of exclusivity of the granting of the licence. Is the license (or the option of a license) an exclusive license or a non-exclusive license? Is the license exclusive by country or region? Is Crop`s license limited? By product? After time? Or is the license more general? Most companies (as well as many other employees) will want some sort of exclusivity in their license (or option on a license). It may be appropriate for such a partner to have an exclusive right for a specified period of time or for a well-defined area of use or for a given license area or combination thereof.
Most organizations are reluctant to put their resources into an agreement if no exclusive license is promised to the organization, since their competitors can also apply for a license. The second step in dealing with IP/TP issues is to determine who owns what. The cooperation agreement should clearly state that all IPs/TPs that contributed to the collaborative research but contributed prior to the project should belong to the party that contributed to its use to the project. . . .