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Collaboration Research Agreement

Collaboration Research Agreement Template for Germany

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Collaboration Research Agreement

"I need a Collaboration Research Agreement for a joint AI development project between our biotech company and a German university, with special focus on IP rights and publication procedures, starting March 2025."

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Document background
The Collaboration Research Agreement is a specialized legal instrument used when two or more entities wish to conduct joint research activities under German jurisdiction. This document is essential when organizations plan to share resources, expertise, and intellectual property for research purposes. It becomes particularly relevant in cases involving academic-industry partnerships, cross-institutional scientific studies, or multi-party research initiatives. The agreement addresses crucial aspects required under German law, including intellectual property rights (regulated by PatG and UrhG), data protection compliance (GDPR/DSGVO), and research governance. It is designed to protect all parties' interests while facilitating scientific collaboration, incorporating specific provisions for publication rights, confidentiality, and commercialization pathways. The document is structured to comply with German civil code requirements while maintaining flexibility for various research contexts.
Suggested Sections

1. Parties: Identification of the collaborating parties, including legal status and registered addresses

2. Background: Context of the collaboration, including each party's expertise and reasons for collaboration

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Collaboration: Detailed description of the research project, objectives, and deliverables

5. Project Management: Governance structure, decision-making processes, and key personnel

6. Contributions: Resources, facilities, and personnel to be provided by each party

7. Intellectual Property Rights: Ownership and usage rights of background and foreground IP

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection: GDPR compliance and data handling procedures

10. Publication Rights: Process for academic publications and public dissemination of results

11. Financial Provisions: Budget, cost sharing, and payment terms

12. Term and Termination: Duration, renewal, and termination conditions

13. Liability and Indemnification: Allocation of risks and responsibilities

14. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices

Optional Sections

1. Export Control: Required when research involves controlled technologies or international collaboration

2. Student Involvement: Needed when students will participate in the research

3. Commercial Exploitation: Include when there's potential for commercial application of research results

4. Third Party Rights: Required when external funding or third-party IP is involved

5. Material Transfer: Include when physical materials or specimens will be exchanged

6. Ethics and Compliance: Required for medical, biological, or human subject research

7. Background IP License: Include when specific background IP needs to be licensed between parties

Suggested Schedules

1. Project Plan: Detailed description of research methodology, timelines, and milestones

2. Budget and Resources: Detailed breakdown of costs and resource allocation

3. Background IP: List of relevant pre-existing IP brought by each party

4. Key Personnel: List of principal investigators and key researchers

5. Technical Specifications: Detailed technical requirements and protocols

6. Publication Procedure: Detailed process for review and approval of publications

7. Data Management Plan: Procedures for data collection, storage, and sharing

8. Equipment Schedule: List of equipment to be used and its ownership status

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Background IP
Background Materials
Confidential Information
Collaboration
Collaboration Period
Commencement Date
Commercially Reasonable Efforts
Contribution
Effective Date
Foreground IP
Field of Research
Force Majeure
Good Scientific Practice
Intellectual Property Rights
Joint IP
Key Personnel
Know-How
Materials
Net Revenue
Party/Parties
Personal Data
Project
Project Manager
Project Plan
Publication
Research Results
Research Site
Steering Committee
Student
Technical Information
Territory
Third Party
Trade Secrets
Work Plan
Clauses
Definitions
Scope of Collaboration
Project Management
Intellectual Property Rights
Background IP License
Foreground IP Ownership
Confidentiality
Publication Rights
Data Protection
Resource Allocation
Financial Provisions
Payment Terms
Term and Duration
Termination
Force Majeure
Warranties
Liability and Indemnification
Insurance
Ethics and Compliance
Export Control
Staff and Personnel
Research Materials
Quality Standards
Record Keeping
Audit Rights
Dispute Resolution
Governing Law
Assignment
Severability
Entire Agreement
Notices
Amendment
Third Party Rights
Non-Competition
Anti-Corruption
Relevant Industries

Biotechnology

Pharmaceutical

Information Technology

Engineering

Environmental Sciences

Materials Science

Medical Research

Artificial Intelligence

Renewable Energy

Aerospace

Automotive

Chemical Industry

Agriculture

Healthcare

Telecommunications

Relevant Teams

Legal

Research and Development

Intellectual Property

Compliance

Technology Transfer

Innovation

Scientific Affairs

Business Development

Contracts Administration

Research Operations

Academic Affairs

Corporate Development

Relevant Roles

Research Director

Chief Scientific Officer

Legal Counsel

IP Manager

Research Project Manager

Principal Investigator

Technology Transfer Officer

Innovation Manager

Research Compliance Officer

Contract Manager

Head of R&D

Research Administrator

Scientific Coordinator

Business Development Manager

Research Grants Manager

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Fundamental law governing contractual relationships, legal transactions, and obligations between parties
German Patent Act (Patentgesetz - PatG): Regulates patent rights and protection of inventions, crucial for determining ownership and rights to research outcomes
Copyright Act (Urheberrechtsgesetz - UrhG): Governs protection of creative works, including scientific publications and software
General Data Protection Regulation (GDPR/DSGVO): Regulates processing and sharing of personal data in research contexts
Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Ensures research collaboration doesn't violate competition laws or create unfair market advantages
German Act on Employee Inventions (Arbeitnehmererfindungsgesetz - ArbnErfG): Regulates rights and obligations regarding inventions made by employees during research
Framework Act on Higher Education (Hochschulrahmengesetz - HRG): Relevant if collaboration involves academic institutions, setting basic principles for research at universities
Foreign Trade and Payments Act (Außenwirtschaftsgesetz - AWG): Controls export of sensitive research results or technologies
Trade Secret Protection Act (Geschäftsgeheimnisgesetz - GeschGehG): Protects confidential business information and know-how shared during research collaboration
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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