Collaboration Research

I One-to-one Research Collaborations with Industry

(Non-commercial activity for RO)

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Collaborations with industry are encouraged as there are numerous benefits that derive from academia-industry relationships, including benefits to society, research organisations (RO) and companies. Society benefits from academia-industry research relationships through innovative products and technologies. Industry-funded research is often developed into practical applications that benefit society.

Academia-industry collaboration enhances the understanding of the challenges facing industry by exposing RO to industrial concerns and industrial approaches to research. Additionally, RO benefit through the access to cutting-edge scientific equipment not always available in RO labs. This equipment enables RO to pursue additional lines of research that contribute to RO productivity (for example, increased publications) that enhance its prestige. Conversely, collaboration with RO helps industrial scientists stay current with the latest developments in science that are of strategic interest to the company. Industry funded research enhance also graduate education by providing RO and students with a better understanding of industrial problems, thus enriching the training of engineers and scientists for an industrial environment. These relationships also provide to the industrial partner a pool of candidates for job recruitment. In science-based industries ROs are recognized as a source of innovation and new business opportunities. The interdependent research relationships between ROs and companies enable both entities to sustain growth in their areas.

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1) The RO and Company can choose one of the three models of collaboration, covering one-to-one projects each providing a different approach in the key area of who is to own, and have the right to exploit, the intellectual property (IP) in the results or outcome of the collaborative project.

2) RO and Company should decide which approach best suits their purpose and negotiate with the other party to achieve consensus. Agreement must be signed before work on the project begins.

3) The models have not been developed with the aim of maximising the commercial return to the RO; the aim is to encourage RO and industry collaboration and the sharing of knowledge. They do not represent an ideal position for either party; they represent a workable and reasonable compromise for both parties.

MODEL 1

Sole Ownership of IP by the Company - considered by the RO only on a case-by-case basis

a. Company bears the full economic project cost, which includes full RO manpower and facilities/ equipment costing.

(Indirect State aid is avoided as the full cost of the work that led to the IPRs is paid by the company ).

b. The RO's existing IP ("background IP") should not be involved as the Company requires mainly access to the expertise and know-how of the RO's staff members. Company's proprietary materials or background IP might be involved.

c. The RO must benefit from the project - RO and each employee and student of the RO must have irrevocable, royalty-free right to use the results for the non-commercial purposes of academic teaching and academic research, while respecting confidentiality agreements.

The ability to publish results that are of scientific interest is an essential consideration for RO. Publication should not be delayed unnecessarily (6 months is a good target, but this may not be possible in some countries and cases) in order to permit filing for patent protection. When the scale of effort justifies such an approach, the partners may choose to establish mechanisms by which sensitive results can be taken outside the sensitive context, thereby permitting publication. Inclusion of confidential information belonging to the other parties will require prior written approval, but there should also be a general expectation that this will not be withheld without good justification.

(d) Performance measurement for Model 1:

Joint Project definition Joint Project implementation Sharing of risks Sharing of project outputs

Performance measure (1) RO researcher(s) has an idea

OR

RO and Company has a common research interest

(2) Cost-benefit analysis is done by the Company (or jointly) to determine whether a given idea/ goal is worth investigating (how well or poorly planned action will turn out)

OR

Feasibility study on the idea is done by the Company (or jointly)

OR

Alternative analysis is done by the Company (or jointly)

(3) RO and Company jointly designs the work plan for the project and sets deliverables and/ or milestones for the project.

(4) Respective collaborative research should provide knock-on effect on the RO's other [future] research. Respective project should represent an integral part of the RO's overall long-term research activities.

(5) Agreement is signed before work on the project begins. Agreement sets out:

a. complete details on scope of their collaborative research;

b. complete details of the financial contribution ((a) types of expenditure for which the Company will reimburse the RO; (b) maximum amount that the Company will pay; (c) milestones to be met; (d) conditions attached to payment). The overhead charge should be applied to all research projects (taking into account the overhead costs in providing the facilities and resources to carry out research at the RO). (1) Part of the research is done by the RO, other part (for example, experimental testing) - by the Company  Employees of the Company are involved in creating/ generating the IP.

Company should perform at least 25% of the research work.

(2) Company might also:

a. contribute its background IP;

b. ensure necessary technologies/ facilities/ equipment;

c. provide consultations necessary for the research work performed by the