Page 1 of 2 IPToolkitCC0715
IP Toolkit Tool 1
Considerations Checklist
To be used for higher value (e.g. over $100,000) and more complex collaborations. A Mini Considerations
Checklist is also available.
Question
Contract position
Project purpose and scope
1.
Is the collaborative project mainly to:
a) solve an industry constraint or problem
b) commercialise or improve existing material
c) develop knowledge in an area, or
d) develop new material for commercialisation?
The collaboration project contract should:
a) reflect the main reason for the collaboration,
and
b) cater for use of the output of collaboration
from the start.
1.1
Who takes the lead?
a) which party is driving the project
b) who should be the project parties, and
c) who should control the project?
The collaboration project contract should specify
regular times and appropriate mechanisms so:
a) project activity can be assessed by parties
and acted upon
b) project activity is managed by the party best
placed to do it, and
c) the lead party can influence the direction of
the project to achieve its overall purpose.
2.
Does the design of the project fit the overall purpose of
the project and output? (see 8 below)
a) what are the project aims, scope and timing, and
b) what is the budget of the collaboration?
The collaboration project contract should have
elements that when taken as a whole reflect and
fulfil the overall purpose.
2.1
What needs to be taken into account in design of the
collaboration?
What are the:
a) key project deliverables (distinguished from other
investigator research)
b) outcomes
c) key dates
d) publications
e) key risks, and
f) approach?
The collaboration project contract should:
a) deal with likely events, and
b) specify what deliverables are required to be
delivered by whom.
The collaboration project contract could:
a) require parties to take a ‘good faith
approach (while interpretations vary, it can
require parties to consider others’ interests),
and
b) reflect what, if any, promises should be
made and liability taken on by the parties in
the liability provisions.
3.
How and when should project payments be made?
a) how should project deliverables be reflected in milestones,
and
b) what proportion of payments should be linked to each
milestone?
Payments should be made for key deliverables
and be cognisant of inputs (including work
undertaken at relevant stage) by the parties.
3.1
How is a milestone demonstrated to be met to the satisfaction
of all parties?
Milestones in contracts should be able to be as
objectively measured as possible (e.g. prototype
complete and functioning as specified).
3.2
What should be the consequence of a milestone being met or
not being met and what is a minor variation for all or specific
milestones?
Where a milestone has a significant impact on a
party, this should be reflected in the contract.
Project inputs
4.
Who are key project personnel?
a) who is the Principal Investigator and Project Manager, and
b) who are other key personnel?
How are people, including those integral to the
project, incorporated in the contract?
How should changes in personnel affect the
contract?
Page 2 of 2 IPToolkitCC0715
Question
Contract position
Project inputs (continued)
5.
Does the contract make clear what level and
types of resources are contributed by each party
and by when?
5.1
The contract should specify in detail the
resources provided by each party (including
Background IP) and how they should be treated.
5.2
Reflect in the contract how IP constraints are to
be dealt with.
5.3
Ensure the contract has provisions to specify
confidential information and how other parties
are to handle it in foreseeable situations.
Project activity
6.
Specify project management expectations (e.g.
regular team meetings, timing and content of
updates on the project plan sent to parties
fortnightly) and processes (e.g. methods to be
used and responsibilities).
6.1
Specify in contract whether student involvement
is permissible and any conditions required.
6.2
Reflect this in the IP provisions in the contract.
6.3
Reflect in the dispute resolution provisions in the
contract.
6.4
Reflect this in the termination provision in the
contract.
7.
Reflect this in the contract.
7.1
Reflect requirements in the contract (e.g. IP
register).
Project outputs
8.
Reflect this in the contract, particularly in the IP,
commercialisation and deliverables provisions.
8.1
Reflect this in the IP, commercialisation, and
deliverables parts of the contract.
8.2
Reflect this in licensing part of the contract.
9.
Reflect this in the IP, commercialisation, and
deliverables parts of the contract.
9.1
Reflect this in the project details schedule of the
contract.
10.
Reflect this in the contract and specify if
particular timeframes are relevant.
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