In the event of any inconsistency between the Danish and English language versions of the document, the Danish version prevails
These guidelines regarding the University's terms for permitting the use of the University's equipment, premises, infrastructure and other facilities in company connections have been laid down following a series of inquiries by staff wishing to establish (or staff who have already established) their own companies.
The objectives of these guidelines are:
a. To strengthen the University's efforts in connection with the communication of research by presenting research results to a wider circle of recipients.
b. To prevent the distortion of competition in relation to other companies.
c. To prevent any conflicts of interest arising between staff and the University.
The guidelines apply to agreements between the University and its staff and agreements between the University and companies owned by its staff who are prepared to pay for the use of the University's premises, equipment, infrastructure or other facilities in company connections.
4. Guidelines for agreements between companies and the University
4.1 Submission of applications
The member of staff in question who wishes to establish (or who has already established) their own company shall apply in writing to the head of institute concerned for permission to use the University's equipment, premises, infrastructure and other facilities in company connections. At the same time, the member of staff must also submit a copy of the application to the dean.
4.2 Responsibilities of the head of institute
a. When processing applications, the head of institute must ensure that other research at the institute is not in any way restricted owing to the granting of applications, and that the activities in question do not interfere with the institute's research and teaching plans.
b. The head of institute must also ensure that the granting of applications will not lead to conflicts of interest between members of staff and the University, e.g. in connection with purchases or accounting, in connection with research management or collaboration with students and/or colleagues, or in connection with the availability of equipment, facilities, consultation for and negotiation of cooperation agreements, licence agreements and their approval.
c. If the head of institute then decides that the member of staff's application can be granted, the head of institute shall specify the extent to which the University's equipment etc. may be used, after which the Financial Planning Office (and the Buildings Department) will calculate the price to be paid to the University for such use.
If the use includes facilities/equipment that have been paid for by the institute concerned, a special account shall be opened pursuant to the rules regarding commercial activities at the University, cf. the Rector's delegation document of 13 April 2000. With regard to a precise calculation of the price and other matters, the head of institute shall contact the Financial Planning Office in advance.
Permission must be granted in writing, and will be issued by the head of institute. The head of institute must gain the approval of the dean and the Financial Planning Office before granting permission.
Any permission granted to use the University's equipment, premises, infrastructure and other facilities in company connections is always limited in terms of time. However, it is possible to extend agreements.
When the use terminates, the head of institute and member of staff concerned shall jointly draw up a brief written assessment of the arrangement. This assessment must be submitted to the dean and the Financial Planning Office.
5. General principles governing company agreements with the University
When applications by members of staff to use the University's equipment, premises, infrastructure and other facilities in company connections are granted, the following general principles must always be observed:
a. Agreements, which are covered by the Danish Act on open administration, must be drawn up in such a way that they are suitable for publication.
b. Agreements must be in accordance with the University's objectives.
c. Agreements must state clearly which services the University is making available.
d. There must always be complete openness concerning the member of staff's share in the company concerned.
e. The agreed price must not lead to any distortion of competition.
f. Members of staff may not use the University's address or seal in company connections.
g. Agreements may not be entered into by members of staff as individuals, e.g. in their capacity as head of institute or dean. If the member of staff concerned holds a managerial position, the agreement is subject to the approval of the rector.
h. If an agreement contains clauses about research collaboration, the University's guidelines for such collaboration must be observed, including clauses concerning publication, confidentiality and the rights to any inventions.
University of Aarhus, 3 October 2001