Model agreements for collaborative research
- Intellectual Property Office
- Part of:
- IP for universities: guidance, tools and case studies and IP collaborative research inside and outside the UK
- First published:
- 26 June 2014
There are different model agreements for management of Intellectual Property (IP) in collaborative research in the UK and overseas.
Negotiating agreements over the ownership and management of IP generated in collaborative research partnerships is vital for a successful relationship. Model agreements can help the parties in collaboration to determine ownership of any IP generated during a joint project in a fair and equitable manner. We support the use of model agreements, such as the Lambert toolkit, which was developed by universities, UK companies and professional organisations, as a good starting point for negotiations.
The Lambert toolkit includes:
- a decision guide
- model agreements
- guidance materials
These help facilitate contract negotiations involving publicly-funded research organisations (eg universities) and companies. Originally launched in 2005, it consists of 5 model agreements for one-to-one collaborations and 4 consortium agreements for multiple parties.
We have published a separate detailed guide to provide further information on the Lambert toolkit.
Model agreements between the pharmaceutical and biomedical industries, universities and the NHS
The National Institute for Health Research (NIHR) through its office for Clinical Research Infrastructure provides a suite of model agreements for use in research partnerships involving the pharmaceutical and biotechnology industries, universities and NHS organisations. The Intellectual Property Office worked with NIHR and the Medical Research Council to develop the model Industry Collaborative Research Agreement (mICRA).
It is designed to support research between universities, the pharmaceutical and biotechnology industries and the NHS by shortening the negotiation and contracting process for IP ownership and management.
The mICRA template model and full guidance information can be downloaded from the NIHR website.
European Commission Cross Border decision guide
The European Commission Cross Border decision guide is an interactive toolkit that takes the user through a decision process and raises a set of strategic questions to consider when planning and negotiating collaborative research projects. The appendices to the decision guide provide fact sheets detailing the major elements of the Intellectual Property rights (IPR) framework and IPR rules in 19 European countries and New Zealand. This resource was originally produced by the European Committee de la Recherche Scientifique & Technique (CREST) which advised the European Council in relation to research and development. CREST is now known as the European Research Area Committee (ERAC).
UK-Korea collaborative research IP toolkit
We have worked with the Korean IPO to develop a new toolkit that helps UK and Korean universities and industry manage IP in collaborative research projects. The aim of the toolkit is to help non-IP experts to quickly and simply handle issues relating to the ownership and exploitation of any IP rights generated in collaborations. The toolkit is based on the Lambert toolkit and contains three model agreements with integrated guidelines.
UK-India collaborative research IP toolkit
As part of developing UK India collaboration on IP, working with Indian partners, we have developed an optional toolkit which we hope IP practitioners in the UK and India may find useful as part of a practical framework to support the management of intellectual property in academic and industry cross-border research and development, hence facilitating increased levels of productive research collaborations between the two countries. The toolkit provides basic guidance and model agreements to help organisations in the UK and India understand how they can effectively and quickly answer IP management questions like: who owns the IP resulting from the research? Is it being licensed or assigned? If licensed, is it an exclusive licence? How will disputes be resolved?
In 2012, the knowledge transfer working group of the ERAC produced guidelines for the management of IP in international collaborations.
Published: 26 June 2014