RSS Contracts Process & Intellectual Property Navdeep Bains (Contracts Officer- WMS)
FP 14 Process for Contracts • FP 14 a, (Initial acceptance of work and price) • Draft Contract issued • Negotiation Period (Agree final price, scope of work and terms)- Requires your input • FP 14 b, (Post Negotiation/ Pre signing and acceptance of an Award – Acceptance of terms and risks – Authorised signatories of awards • Director or Deputy Directors of RSS, Registrar, Finance Director • Academics or Researchers cannot sign • FP 14 c, Declaration of Ethical compliance
Under Recovery Process • Unless it is Funder’s rules funding should be 100% FEC plus • Case for support – Supported by Head of Division – Memo via RSS highlighting terms – Approval by Deputy Vice Chancellor via Director of RSS. • Delay in process
My role • Responsible for all WMS research contracts • Types of Agreement: – – – Confidentiality Agreements Material Transfer Agreements Collaboration Agreements, Consortium Agreement Research contracts Sponsorship Agreements Site Agreements Studentships KTP Agreements Sub-contracts Amendments/Variations/Extensions, MOU’s
My role • Drafting, reviewing and negotiating contracts • Preparing costings and pricings • Attending meetings • Ensuring compliance with governance requirements • Dealing with issues that arise during the project life • Support Research Development Team with Grants
Purpose • Manages Expectations – What do the parties want to achieve/get out of the collaboration? – Scope of Work – Delivery – start and end dates – Budget & Payment • Don’t over sell – be realistic!
Commercial grants / contracts, Do’s and Don’ts • Do: – Talk to your RSS when thinking of approaching or discussing research proposals – Establish what funding is on offer. Is your project financially viable given University policy on cost-recovery? – Provide RSS with the necessary information (scope of work, dates, funder & costing details etc). – Obtain a appropriate contracts/advice guidance from RSS • Don’t: – Talk to companies, and share any of your or other peoples ideas without an NDA – Quote a price without obtaining a realistic costing from RSS – Sign anything!
What is Intellectual Property? • • • Most negotiated section of the agreement What is covered not just exploitable IPR Defined within the agreement • Invention, patents • Copyright, software • Design Rights • Registered Trademarks • Know-how • • Information, data, the reports, methodology everything that comes out of the research. IP is everything that is not in the public domain
Types of IP • Patents protects the invention- how it works, what makes it work, the elements that make up the invention • Trade marks are signs (like words and logos) that distinguish goods and services in the marketplace. • Designs protect the appearance of a product/logo, from the shape of an aeroplane to a fashion item. • Copyright is an automatic right which applies when the work is fixed, that is written or recorded in some way. • Confidentiality/Trade Secret e. g. the Coke Cola recipe. • Know-how is what you know, experience, training etc.
Types of IP continued… IP is generally split into two categories: - • Background IP : – each party owned before the work started – created independently - Ownership of background remain with the party bringing it into the project - Remember IP created in one project may become background to another project.
Foreground IP • • IP created during the course of the project Ownership is not the same as inventorship Ownership can be transferred Always retain a research and teaching licence (Charities Act) – – – Think, is this enough? What do you want to do in the future? Sponsored research
Third Party IP • Third type of IP • IP belonging to a person not party to the agreement – Collaborator – Company (questionnaires, survey etc. ) – Funders (IP you created by ownership was given away) • What rights do you have to this IP?
Making the most of this support… • • • Involve me as early as possible Keeping me informed Provide me with the required information Make the most of my experience Following the process avoids delays
Update on support available • From the 1 st July 2013 two contracts officer will be supporting WMS: • Navdeep Bains – Health Sciences – Clinical Trials Unit • Philip Ryan – – – Biomedical Cell Biology Mental Health and Wellbeing Metabolic and Vascular Health Microbiology and Infection Reproductive Health
I’m here to help… • Monday, Tuesday, Wednesday and Friday – based in University House, Ground Floor Annex • Thursday – based in Warwick Medical School N. K. Bains@warwick. ac. uk 024 7615 0709 (x 50709) http: //www 2. warwick. ac. uk/services/rss/
Any questions?
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