Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Graf, Melanie; Zech, Herbert --- "IP in research and development agreements" [2017] ELECD 817; in Matthews, Duncan; Zech, Herbert (eds), "Research Handbook on Intellectual Property and the Life Sciences" (Edward Elgar Publishing, 2017) 293

Book Title: Research Handbook on Intellectual Property and the Life Sciences

Editor(s): Matthews, Duncan; Zech, Herbert

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783479443

Section: Chapter 16

Section Title: IP in research and development agreements

Author(s): Graf, Melanie; Zech, Herbert

Number of pages: 11

Abstract/Description:

In R & D agreements two or more parties agree to conduct research and development activities as a service (contract research) or in collaboration (research cooperation) to gain new scientific know-how and related IP.In contract research one party tasks the other with specific research and development activities. Research cooperation agreements are collaborative agreements where both parties exchange complementary know-how and competences and agree jointly on a specific R & D plan with sole and joint research and development activities.In the initiation phase of R & D agreements the parties evaluate their respective IP and define the purpose of the R & D agreement under strict rules of confidentiality. To conduct the R & D activities the transfer of background IP has to be regulated by the parties. Background IP is the IP owned by the parties prior to the R & D agreement and relevant to the R & D project. Therefore, licenses to use background IP to perform the tasks of the R & D plan have to be granted to executing parties. In contract research the transfer of background IP is mostly one-sided from the financing party to the executing party, whereas in research cooperations the parties cross-license their respective background IP.