Goal of this agreement is to ensure confidential information exchange. This means that recipient of information is bound by obligations to:
- Use the information only for specific previously agreed purposes (usually in evaluating the feasibility of collaboration)
- Disclose the confidential information ONLY to those who need to know for specific purposes
- Keep this information confidential for a certain amount of time (usually 5 years)
Open discussion is key to any successful collaboration. To protect the rights of each partner, it is strongly advised to sign a confidentiality agreement before the discussions start.
Every time when “materials” such as cell lines, anti-bodies, model systems (plant/animal), databases or other substances are transferred from one institution to another, arrangements on the use of such materials should be covered in a material transfer agreement (MTA).
Materials should be used only for the purpose the materials were released for. Furthermore, the materials continue to be property of the party providing them. They should not be landed to someone else, without the consent of the providing party. The party providing the materials also provides a contract template to the second party.
Licensing agreement covers rights to third parties or spin-off companies to use certain know-how or intellectual property rights. If it is clear that UB owns certain intellectual property rights, such as patents or copyright, a licence can be granted to a third party. In return, the licensee is pays compensation to the licensor. License contracts will have to be drafted for every specific case. CTT UB can help with drafting and establishing the market value of the license.
If CTT UB’s partner isn’t the sole owner of intellectual property (IP), or IP is developed within cooperation with other parties, we suggest creating Joint ownership agreement in order to protect rights of everyone involved.
Beware that agreements concerning licensing and the ownership of intellectual property rights can be part of collaboration or consortium agreement in some cases. CTT UB can help you in negotiations with other parties and in drafting agreements.