Collaboration agreement template
What is this for?
Once the common journey has started, ideas and concepts are converging and deliverables/work packages/tasks are starting to emerge, it is time to draft a collaboration agreement – and finally sign it. The idea is to have as balanced an agreement as possible. Usually however there is a party, the principal, which has most at stake.
The template comes with set of options how the IPRs will be shared and under which conditions. The agreement will also address how the collaboration is managed in case of changes along the way, when parties are entering and leaving the collaboration and what are the obligations of the parties if that occurs. The spirit of the collaboration should be that changes to the IPRs and commitments can be made through out the collaboration when so agreed.
The Playbook Partners have helped us shape the collaboration agreement – keeping in mind the win-win spirit, balancing the pain and gain.
The objective of the collaboration is described in the Project Brief, as well as the deliverables/work packages/tasks, budget, schedule, measure of success, parties and a contact person from each participating organisation. Changes and clarifications can be made along the way in accordance with what is stipulated in the agreement.
Below you can find the table with examples of IPR positions which can apply to collaboration projects mentioned in 7. Treatment of IPR.
Collaboration agreement IPR options table
|Option||Ownership||Other IPR Rights|
|A (i)||Wärtsilä||[Non]-exclusive rights to use, in specified territories/fields. Right to grant sub-licences.|
|A (ii)||Partner||[Non]-exclusive rights to use, in specified territories/fields. Right to grant sub-licences.|
|B (i)||Wärtsilä||Development Platform: Wärtsilä right to the results in its field, where it may want to commercialise/own, the other party has the right to use the results in any other field with the option that this can be for non-commercial purposes only, if relevant. This is the idea of true collaboration based on either party’s respective field, where we recognise a need for Party B background knowledge to help commercialise the results.|
|B (ii)||Partner||Development Platform: Partner has the right to the results in their field which they may name/agree with Wärtsilä, then Wärtsilä can agree which area they will have access to the results in and whether that will be on a commercial or non-commercial basis. This is the idea of true collaboration based on either party’s respective field, where we recognise the Partner may need access to some Wärtsilä background IP to commercialise the results and we are willing to negotiate the terms.|
|C (i)||Wärtsilä||Exclusive rights to the partner.|
|C (ii)||Partner||Exclusive rights to Wärtsilä.|
|D||Wärtsilä||Partner can use the IP for research purposes/academic purposes but not publish it [or use it to market any products/produce anything with the IP] without Wärtsilä’s permission. This option will only be used in instances where the partner is an academic institution.|