Page 2 of 2 IPToolkitCC0715
Project inputs (continued)
Which party contributes what?
(e.g. money, staff, equipment and/or facilities.)
Does the contract make clear what level and
types of resources are contributed by each party
and by when?
What background information and IP is needed for the
collaborative project from each party?
The contract should specify in detail the
resources provided by each party (including
Background IP) and how they should be treated.
Do the parties own the IP inputs needed for collaboration
(e.g. researchers may own some IP, and employment and third
party agreements may be relevant, and are there any
preconditions (such as approvals) for collaboration)?
Reflect in the contract how IP constraints are to
be dealt with.
What is specified as confidential information from each party
and what should other collaborating parties do in relation to this
information?
Ensure the contract has provisions to specify
confidential information and how other parties
are to handle it in foreseeable situations.
How is the project to be managed?
(e.g. through a project plan and weekly project meetings,
measures to ensure the quality and identification of project IP
and other research results, conflict of interest and privacy
requirements.)
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).
Who should be able to participate in the project or have access
to project material and facilities (e.g. students, volunteers and
IT access arrangements)?
Specify in contract whether student involvement
is permissible and any conditions required.
Does one or more parties conduct searches and decide to
register, maintain, monitor and defend IP, on what basis, and
which party or parties pays for these activities?
Reflect this in the IP provisions in the contract.
How do parties notify, resolve and deal with changes and
disputes quickly?
Reflect in the dispute resolution provisions in the
contract.
How can a collaboration be terminated?
Reflect this in the termination provision in the
contract.
How are parties able to monitor the project and how often
should this occur?
(e.g. attend weekly project team meetings and update project
plans/reports.)
Reflect this in the contract.
How is project IP identified and recorded, and by whom and
how often?
Reflect requirements in the contract (e.g. IP
register).
What does each party want to reasonably do with outputs
in domestic and international markets?
Reflect this in the contract, particularly in the IP,
commercialisation and deliverables provisions.
What should each party be able to do other than to use project
inputs and outputs solely to fulfil the project (e.g. publications
and naming authors, further research, improvements and
teaching)?
Reflect this in the IP, commercialisation, and
deliverables parts of the contract.
Consider contract arrangements that create one or more
licences to do these (e.g. license for Australia only).
Reflect this in licensing part of the contract.
Who should own specific outputs (including IP and other
research results) or is another option such as a licence
suitable?
Reflect this in the IP, commercialisation, and
deliverables parts of the contract.
How will these outputs/outcomes be managed?
Reflect this in the project details schedule of the
contract.
What will each party need after project completion?
(e.g. confidentiality obligations, reasonable requests for data,
further research and teaching permissions and/or ability to
provide improvements.)
Reflect this in the contract and specify if
particular timeframes are relevant.
