Presentation on the different forms of collaboration and cooperation that we have with industry and the various forms of agreement that we use to define those relationship such as: Material Transfer Agreements, Consultancy Agreements, Research Collaboration Agreements. We shall also study selecting the right form of agreement to align expectations and avoid conflict. 09:45 – 10:30 Case study – Inchworm
An academic wants to develop a relationship with a company; the Contracts Officer is brought in to advise on the terms of a collaboration. Is it possible to develop a win-win scenario 10:30 – 11:00 Coffee break
11:00 – 12:00 Case study feedback – Inchworm
Report back and discuss the issues raised – which were trivial, and which were problematic? 12:00 – 13:00 Collaborative Agreements as the Bedrock of Research Relationships
Successful collaborations are built on mutual trust, a common understanding of the mission, and a sound balance of interests for all partners. The session will highlight the motivation for, and topics of, industrial collaborations with science and other various types of partners. There will be examples of bilateral collaborations, scientific networks, with and without public funding, as well as more recent cases such as joint labs on campus or on industrial sites. These collaborations require well-balanced agreements. Possible hurdles include: the EU state-aid regulations which distinguish between contract work and co-operations, subcontracting in publicly funded projects, and IP regulations. 13:00 – 14:00 Lunch 14:00 – 15:30 Discussion between Academic & Business
How should we ‘manage’ the interface between the academic and the business? It is our role to ‘define’ the relationship on paper but in so doing we can often be seen to hinder, rather than help. How can we frame our input as ‘helpful’ so that we are valued by both parties? How do we combine the role as facilitator and ‘policeman’? This session is based on a real case. You will hear both sides of the story from the people who were involved and discuss with them how they might have managed the situation to achieve a win-win.
15:30 – 16:00 Coffee break 16:00 – 17:15 Building and Bulldozing Corporate Alliances
The pinnacle of any collaboration is the ‘strategic alliance’. These emerge over time as the relationship (built on mutual trust and knowledge) develops. That relationship is built slowly by honest dialogue, mutual need and generous exchange – and can be destroyed quickly by opportunism, bureaucracy and misunderstanding. In this session, we shall examine the role of the Contract Manager in both nurturing and destroying such alliances. 17:15 – 17:30 Round up of day 1
What have we learned – how can we be perceived as facilitators rather than blockers of research relationships? 19:00 Networking dinner
09:00 – 10:15 Case study – Piggy in the middle. Maintaining the Respect and Co-operation of all Stakeholders (including academics)
We work in an intense environment where everyone is busy. We also live in a world where emails (with large ‘cc lists’) have become the most common form of communication – replacing face-to-face meetings and leading to all kinds of ‘buck-passing’ and other unfortunate behaviour.
We must operate – and perform – in the middle of all this poor communication, rising above it and focusing on the task (the deal). Often, we act with very little real authority – of course, we have the power to sign off, but we will always be reluctant to do so for as long as someone, somewhere, has expressed concerns.
In this session, we look at a sponsored studentship negotiation that went badly wrong and ask whether the contracts officer could have done anything to avoid it. 10:15 – 10:45 Coffee break 10:45 – 13:15 IP Clauses – the different possibilities
We will introduce the different ‘parameters’ of IP clauses – and then break into small groups to discuss a number of small cases that exemplify different types of intellectual property scenarios.
Group work will feed into a wider discussion of the different ways in which IP rights can be managed and the most appropriate solutions for a given scenario. We will also discuss how to manage the extreme opening positions that we are often presented with – and the importance of negotiating ‘rights’ rather than ‘ownership’, differentiating ‘background’ from ‘foreground’ and the imperative of maintaining academic freedom to research and collaborate.
Once we have determined how to manage the IP rights and the solutions that best match a given scenario we face the challenge of drafting clauses that are clear, unambiguous and workable for a long-term relationship. Working in groups, we shall share experiences and discuss appropriate wording.
The conclusion will be a better understanding of the IP clauses we can use and the confidence to negotiate them. 13:15 – 14:15 Lunch 14:15 – 15:30 Deriving Fair Value from Foreground IP
Finding the right IP structure is only half the battle. We are still left with the issue of valuing the IP – and most of us have very little knowledge of the IP’s true value. What should we do? Should we take the academic’s opinion, consult with the Technology Transfer Office, or trust the company? Or should we insist on a ‘wait and see’ strategy in which the discussion is deferred until we know what has been ‘invented’ and its commercial value. How can we avoid meaningless ‘agree to agree’ clauses in which one or other party is left exposed? Which tools can we use, and which structure do we choose for the payments? 15:30 – 16:15 Managing the IP when Projects Overlap
Most researchers are involved in multiple collaborations – both simultaneously and sequentially; so are businesses. Part of our role is to ensure that there are no conflicts and to ensure that academic freedom (to work with others) is preserved. In this session, we will look at two real-life cases and explore the problems which can occur as we try to manage the many different sources of funding and contractual obligations that bind researchers. 16:15 – 16:45 Coffee break 16:45 – 18:15 Different Possibilities on how to draft clauses on conflict resolution
In this session, we will explore the different options regarding conflict resolution, arbitration, ordinary courts and examine the pros and cons of the different venues and choices of law.
What can you, as a Contracts Manager, do to avoid the project ending in conflict – if anything? 18:15 – 18:30 Round up of day 2
09:30 – 10:30 Keeping Track of IP – open innovation
What happens once the collaboration agreement has been signed? Is it filed never to be seen again or is it monitored and controlled? Who does what at your university and does the Contract Manager have any responsibility to track old agreements? How do we manage the obligation to grant access rights in EU projects and how do we follow up on the options we have granted in the contracts? 10:30 – 11:00 Coffee break 11:00 – 13:00 When Things Go Wrong
Sometimes the collaboration does not have a happy ending – something goes wrong somewhere. It can be a violation of the terms of the contract or a different interpretation of the wording of the contract. Whatever the problem is, it will almost certainly create a number of unpleasant conversations and difficult negotiations to find consensus. In the session you will be presented with several real-life scenarios and will be given a role to play in trying to solve them. 13:00 – 13:15 Wrap up
Member early bird until 31 January 2019: €1290 (member)
€1350 (non member)
Non-member early bird until 31 January 2019: €1940 (member)
If you are not a member join here for €250 a year and benefit immediately from the membership discounts and other specials
CE Points: 16
Handling communication between academia and industry within collaborations
Improving your negotiation skills
Handling IP within collaborations
Creating a win win
Why join this course?
Participant interaction is one of the main teaching styles applied during this 3-day course. Presented by experts in the field, much of the learning will be conveyed through case studies, break-out groups and discussions. The results of each group session will be discussed amongst your peers with an analysis of the results provided by the course leaders.
The course leaders have been specifically chosen for the experience and success in this field, and they aim to create an informal learning environment which helps develop your knowledge and your network.
Who should attend?
This course is designed for anyone wishing to expand their skills and deepen their knowledge of the intricacies of research and development collaborations. An appreciation of managing complex negotiations is useful when attending this course as it aims to expand the know-how and expertise necessary for negotiating complex and sometimes troublesome contracts.
I learned more in the training course for 3 days than I did the last 3 months at my job. The lectures were informative & interesting.
Hanna Sonning, University of Gothenburg, Sweden
Organisation and speakers were great, so enthusiastic about their work and very good at transferring their knowledge!
Sarka Bartova, Research Centre Rez, Czech Republic
I learned a lot with this course but I have the feeling that I will learn more during my profession, during the daily world and cases.
Paulo Jorge Magalhães, CERN, Switzerland