2 FP14 Process for Contracts FP14a,(Initial acceptance of work and price)Draft Contract issuedNegotiation Period (Agree final price, scope of work and terms)- Requires your inputFP14b, (Post Negotiation/ Pre signing and acceptance of an AwardAcceptance of terms and risksAuthorised signatories of awardsDirector or Deputy Directors of RSS, Registrar, Finance DirectorAcademics or Researchers cannot signFP14c, Declaration of Ethical compliance
3 Under Recovery Process Unless it is Funder’s rules funding should be 100% FEC plusCase for supportSupported by Head of DivisionMemo via RSS highlighting termsApproval by Deputy Vice Chancellor via Director of RSS.Delay in process
4 My role Responsible for all WMS research contracts Types of Agreement: Confidentiality AgreementsMaterial Transfer AgreementsCollaboration Agreements, Consortium AgreementResearch contractsSponsorship AgreementsSite AgreementsStudentshipsKTP AgreementsSub-contractsAmendments/Variations/Extensions,MOU’s
5 My role Drafting, reviewing and negotiating contracts Preparing costings and pricingsAttending meetingsEnsuring compliance with governance requirementsDealing with issues that arise during the project lifeSupport Research Development Team with Grants.
6 Purpose Manages Expectations What do the parties want to achieve/get out of the collaboration?Scope of WorkDelivery – start and end datesBudget & PaymentDon’t over sell – be realistic!
7 Commercial grants / contracts, Do’s and Don’ts Talk to your RSS when thinking of approaching or discussing research proposalsEstablish 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 RSSDon’t:Talk to companies, and share any of your or other peoples ideas without an NDAQuote a price without obtaining a realistic costing from RSSSign anything!
8 What is Intellectual Property? Most negotiated section of the agreementWhat is covered not just exploitable IPRDefined within the agreementInvention, patentsCopyright, softwareDesign RightsRegistered TrademarksKnow-howInformation, data, the reports, methodology everything that comes out of the research.IP is everything that is not in the public domain
9 Types of IPPatents protects the invention- how it works, what makes it work, the elements that make up the inventionTrade 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.
10 Types of IP continued… IP is generally split into two categories: - Background IP :each party owned before the work startedcreated independentlyOwnership of background remain with the party bringing it into the projectRemember IP created in one project may become background to another project.
11 Foreground IP IP created during the course of the project Ownership is not the same as inventorshipOwnership can be transferredAlways retain a research and teaching licence (Charities Act)Think, is this enough?What do you want to do in the future?Sponsored research
12 Third Party IP Third type of IP IP belonging to a person not party to the agreementCollaboratorCompany (questionnaires, survey etc.)Funders (IP you created by ownership was given away)What rights do you have to this IP?
13 Making the most of this support… Involve me as early as possibleKeeping me informedProvide me with the required informationMake the most of my experienceFollowing the process avoids delays
14 Update on support available From the 1st July 2013 two contracts officer will be supporting WMS:Navdeep BainsHealth SciencesClinical Trials UnitPhilip RyanBiomedical Cell BiologyMental Health and WellbeingMetabolic and Vascular HealthMicrobiology and InfectionReproductive Health
15 I’m here to help…Monday, Tuesday, Wednesday and Friday – based in University House, Ground Floor AnnexThursday – based in Warwick Medical School(x50709)