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Framework Collaboration Agreement

Framework Collaboration Agreement Template for Malaysia

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Key Requirements PROMPT example:

Framework Collaboration Agreement

"I need a Framework Collaboration Agreement for a tech company based in Kuala Lumpur collaborating with a research institution on AI development projects, with emphasis on IP protection and data sharing protocols."

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Document background
The Framework Collaboration Agreement is a crucial document for organizations planning to engage in long-term collaborative relationships in Malaysia. It serves as a master agreement that outlines the fundamental terms and conditions governing future collaborative activities, while providing flexibility for specific project implementations. This agreement type is particularly relevant in the Malaysian business context, where cross-company collaborations are common and must comply with local legal requirements, including the Contracts Act 1950, Competition Act 2010, and industry-specific regulations. The document typically includes provisions for governance structure, intellectual property rights, confidentiality, risk allocation, and dispute resolution mechanisms, while remaining adaptable to accommodate various collaborative initiatives that may arise during the term of the agreement.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including registration numbers and registered addresses

2. Background: Context of the collaboration and brief description of each party's business and objectives

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Scope of Collaboration: General framework and principles of collaboration between the parties

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Governance Structure: Management of the collaboration, including steering committees and decision-making processes

7. Financial Arrangements: General principles for cost-sharing, revenue allocation, and financial responsibilities

8. Intellectual Property Rights: Ownership and usage rights of existing and newly created IP

9. Confidentiality: Protection and handling of confidential information exchanged during collaboration

10. Warranties and Representations: Basic warranties about capacity to contract and authority to perform obligations

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Force Majeure: Provisions for handling events beyond parties' reasonable control

13. Dispute Resolution: Process for resolving disagreements, including jurisdiction and governing law

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Data Protection: Required when collaboration involves processing of personal data or cross-border data transfers

2. Competition Compliance: Needed when parties are competitors or when collaboration could raise competition law concerns

3. Personnel and Resources: Include when specific commitments regarding staffing or resources are part of the collaboration

4. Quality Standards: Required when collaboration involves product development or service delivery with specific quality requirements

5. Insurance: Include when specific insurance coverage is required for the collaboration activities

6. Export Control: Necessary when collaboration involves international trade or technology transfer

7. Sustainability and ESG: Include when parties wish to establish environmental, social, and governance standards

8. Brand Usage: Required when collaboration involves use of parties' brands or trademarks

Suggested Schedules

1. Schedule 1 - Project Framework: Template and process for establishing specific project agreements under the framework

2. Schedule 2 - Governance Procedures: Detailed procedures for steering committee meetings and decision-making processes

3. Schedule 3 - Financial Model: Detailed financial arrangements, including cost allocation methods and pricing principles

4. Schedule 4 - Technical Standards: Technical requirements and standards applicable to the collaboration

5. Schedule 5 - Service Levels: Performance metrics and service level requirements if applicable

6. Schedule 6 - Contact Details: Key contact persons and communication protocols

7. Appendix A - Form of Project Agreement: Template agreement for specific projects under the framework

8. Appendix B - Confidentiality Agreement: Detailed confidentiality terms for third parties if required

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
Affiliate
Background Intellectual Property
Business Day
Collaboration
Commencement Date
Confidential Information
Deliverables
Developed Intellectual Property
Effective Date
Force Majeure Event
Foreground Intellectual Property
Governing Law
Initial Term
Intellectual Property Rights
Joint Steering Committee
Key Personnel
Licensed Materials
Losses
Material Breach
Milestone
Notice
Parties
Project
Project Agreement
Project Manager
Project Plan
Project Specific IPR
Representatives
Services
Steering Committee
Sub-contractor
Term
Territory
Third Party
Working Hours
Clauses
Parties and Interpretation
Definitions
Duration and Term
Scope of Collaboration
Project Implementation
Governance Structure
Financial Terms
Intellectual Property Rights
Confidentiality
Data Protection
Warranties and Representations
Liability and Indemnification
Force Majeure
Termination
Exit Management
Competition Compliance
Anti-Corruption
Resource Allocation
Quality Standards
Dispute Resolution
Governing Law
Assignment and Succession
Notices
Entire Agreement
Amendment
Severability
Counterparts
Third Party Rights
Costs and Expenses
Relationship of Parties
Relevant Industries

Technology

Manufacturing

Research and Development

Education

Healthcare

Financial Services

Telecommunications

Energy

Infrastructure

Automotive

Agriculture

Biotechnology

Professional Services

Digital Services

Construction

Relevant Teams

Legal

Business Development

Commercial

Operations

Strategy

Finance

Compliance

Research and Development

Innovation

Corporate Affairs

Risk Management

Project Management Office

Technology

Procurement

Relevant Roles

Chief Executive Officer

Managing Director

Chief Legal Officer

Legal Counsel

Head of Business Development

Commercial Director

Chief Operating Officer

Project Manager

Strategic Partnership Manager

Contract Manager

Compliance Officer

Chief Financial Officer

Head of Strategy

Research Director

Innovation Manager

Business Development Manager

Operations Director

Chief Technology Officer

Industries
Contracts Act 1950: The primary legislation governing contract formation, validity, and enforcement in Malaysia. Covers essential elements like offer, acceptance, consideration, and capacity to contract.
Competition Act 2010: Ensures that collaboration agreements don't contain anti-competitive provisions or create monopolistic situations in the market.
Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions and must be considered if the collaboration involves data sharing.
Copyright Act 1987: Protects intellectual property rights and must be considered when dealing with creation or sharing of copyrightable materials during collaboration.
Electronic Commerce Act 2006: Relevant if the framework agreement involves electronic transactions or digital signatures.
Arbitration Act 2005: Important for dispute resolution clauses, especially if choosing arbitration as the preferred method of dispute resolution.
Companies Act 2016: Relevant for understanding the legal capacity of corporate entities entering into the collaboration agreement.
Registration of Business Act 1956: May be relevant if dealing with business entities that are not companies.
Stamp Act 1949: Requires certain agreements to be stamped to be admissible as evidence in court.
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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