CECA value opportunities that allow us to work closely with business and industry. Such interactions not only have obvious intellectual and commercial value but also provide the basis for real knowledge exchange. Whatever the nature of the interaction with your business, we will endeavour to ensure all legal and contractual matters are dealt with as swiftly and smoothly as possible.
Whilst contractual relationships between your company and CECA may take a variety of forms, ranging from collaborative research, through contract research to consultancy, the nature of this relationship will be properly reflected in any contracts we sign with you. CECA will endeavour to be flexible and adapt its position to suit each individual case.
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| Confidentiality |
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CECA understands that when working with a company the parties may need to exchange confidential and commercially sensitive information. We routinely issue and accept confidentiality agreements to protect early stage discussions with companies. Similarly, we regularly include confidentiality clauses in our research agreements. Care is also taken to ensure our staff and students understand fully the importance of maintaining professional levels of confidentiality when working with companies.
We also understand that the existence of a formal contractual relationship between ourselves and a company may by its very nature be commercially sensitive and, unless permitted to do so, we will not disclose any details of such a relationship except for accounting purposes.
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| Ownership of results and arising Intellectual Property (Foreground IP) |
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CECA acknowledge that where a company has commissioned a specific piece of contract research, they will normally seek ownership of the Foreground IP. We also accept that the contracting company will often be in the best position to protect and commercialise this IP. Provided that the contractor has agreed to pay a price acceptable to the University we will normally concede on ownership of arising IP.
In circumstances where the interaction can be described as truly collaborative, with each party contributing intellectually and financially, CECA has an obligation to the public interest (given that much of its funding is from government, research councils, the DTI etc. ) and will therefore seek to protect its commercial as well as its academic interests. In these circumstances the University will discuss with your company and any other partners involved in the project which party(ies) should own the Foreground IP and the terms under which any assignment of rights shall be made.
Where your company provides the most appropriate route for exploitation we will seek to reach a fair compromise over ownership. For example, the University may agree that your company take ownership of the Foreground IP, or receive an exclusive license within an agreed field, in return for a fair and reasonable royalty from the proceeds of exploitation, paying due regard to the relative financial and intellectual contributions of each party.
In all situations, CECA’s primary objective will be to ensure that high quality work is carried out and the knowledge it generates is transferred for wider benefit, whilst achieving a fair balance in financial benefit for those parties involved in the research.
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| CECA Know-how and Pre-existing Knowledge (Background IP) |
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Often a company will wish to work with CECA because we already possess know-how and pre-existing knowledge ("Background IP") necessary for the undertaking of a new piece of research. In the majority of situations the Background IP required to undertake a piece of research is self-evident from the beginning and, where appropriate, we will undertake to identify it in the contract with your company. Where our Background IP is required to commercialise the Foreground IP, the University will normally undertake, subject to other third party obligations, to negotiate a fair and reasonable licence on that Background IP to your company.
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