Written collaboration agreement – when & why?
When AU enters a research project with an external collaboration partner, the ambition is to create new knowledge and deliver high-quality research. To achieve this ambition, it may be important to enter into a written collaboration agreement – in some cases, it is in fact a requirement to do so. There are also many arguments for why it is generally a good idea to enter into a written collaboration agreement. Read here about when to enter into a written collaboration agreement and why it is a good idea.
When must researchers at AU enter into a written collaboration agreement?
As a researcher at AU, it is crucial to ensure a clear framework for external collaborations. It is stated in AU's ground rules when a written collaboration agreement MUST be entered into for research projects with external parties.
According to the ground rules, a written collaboration agreement must always be entered into in the following situations:
- The central principles may come under pressure: When there is concern that the central principles – freedom of research, arm's length principle and impartiality as well as honesty, transparency and responsibility – may be put under pressure.
- Funding from project partner: When AU receives funding from an external party, which is also a partner in the research project.
- External funding: When AU and an external partner receive external funding to support their joint research project.
- Funding with special requirements: When AU receives funding from an external party to which specific conditions are attached.
- Disposition of research results: When results (intellectual property rights/IP) are dispensed of in the collaboration, e.g. by granting options on licensing AU's inventions.
- Processing of personal data: If the external collaboration involves sharing of personal data, a written collaboration agreement must always be entered into together with the relevant GDPR agreement on sharing personal data.
Why is it a good idea to have a written collaboration agreement?
To ensure a clear framework and avoid misunderstandings in the collaboration, it is always a good idea to enter into a written collaboration agreement. Here are some of the most important reasons why a written agreement can be advantageous:
- Clarity of roles and responsibilities: A written agreement helps to clarify who is responsible for which parts of the research project. This minimizes the risk of misunderstandings and ensures that all parties have aligned their expectations regarding the collaboration.
- Protection of research freedom: The agreement can - among other things - help to protect the researcher's independence and set the terms for publishing research results, so that the researcher retains the right to publish their own research without undue delay or interference.
- Handling of intellectual property rights: If the research leads to new discoveries, the agreement can determine who owns the rights to the results. This is particularly important in relation to any possible later commercialization or further development.
- Conflict prevention and resolution: A collaboration agreement can include guidelines for how disagreements should be handled, creating a clear framework for conflict resolution if problems arise along the way.
If you need to enter into a written collaboration agreement for co-funded research, you should always make sure to involve TTO. Alternatively, you can use TTO’s Fast-Track Agreements for co-funded research or the Trial Nation templates in the case of clinical trials.
Contact TTO for further advise if you are not sure whether a written agreement is necessary.
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