This document is taken from the gov.uk website, and comes with the following explanation: This document provides a starting point for mutuals and commissioners working on a spin-out. They have been drafted according to a series of assumptions, to be adapted on a case by case basis by professional advisors.

If the mutual is to carry out the services as a contractor for the Local Authority, the mutual will be funded under a Services Agreement.  

The Services Agreement protects the Local Authority as the contracting authority by setting out the terms of the funding and the services to be provided, and providing remedies to the contracting authority if the terms are breached. The Agreement protects the mutual as the contractor by legally binding the contracting authority to pay the fee for the services on time.

This template Services Agreement provides these protections and contains standard terms covering (amongst others): the contract period; the obligations of the parties; monitoring and reporting requirements; intellectual property and publicity; and provisions for termination of the funding arrangement by either party.

This template has been prepared to provide general guidance and information to organisations considering or undertaking mutualisation. It is  intended to be a starting point only and should not be considered a finalised legal document or as constituting legal advice. It is the responsibility of your organisation to seek legal advice and to ensure that the document is reviewed and signed off by your legal team.

The template contains a breakdown of drafting assumptions which highlight areas where additional drafting and legal advice may be required. Additional drafting is not limited to these areas and you should seek further legal guidance where you deem necessary.
Whilst we have endeavoured to ensure that the information in the template is correct, no warranty, express or implied, is given as to the templates accuracy, timeliness, completeness or fitness for a particular purpose and we do not accept any liability for errors or omissions.  Neither the Department for Digital, Culture, Media and Sport, nor Bates Wells Braithwaite shall be liable to you or anyone else for any decisions made or action taken in reliance on this document, or for any damage arising from its use.

Each of the 7 model research collaboration agreements from the Lambert Toolkit have a different approach on who can exploit the intellectual property from a project. In this particular agreement, agreement 6, the Institution has the right to use IP for academic and research purposes.

‍

Note: This collaboration agreement doesn't deal with joint ownership of intellectual property. For examples of joint ownership clauses, when 2 or more parties are collaborating, search Genie or Google for model consortium agreements Collaborator may negotiate for an assignment of some Institution IP

Each of the 7 model research collaboration agreements from the Lambert Toolkit have a different approach on who can exploit the intellectual property from a project. In this particular agreement, agreement 5, there can be no publication by the Institution without the Collaborator’s permission.

‍

Note: This collaboration agreement doesn't deal with joint ownership of intellectual property. For examples of joint ownership clauses, when 2 or more parties are collaborating, search Genie or Google for model consortium agreements Collaborator may negotiate for an assignment of some Institution IP

Each of the 7 model research collaboration agreements from the Lambert Toolkit have a different approach on who can exploit the intellectual property from a project. In this particular agreement, agreement 4A, each party has the right to exploit certain results created during the project and takes assignment of those results. The Institution has right to use for academic and research purposed, and the Collaborator for research purposes.

Note: This collaboration agreement doesn't deal with joint ownership of intellectual property. For examples of joint ownership clauses, when 2 or more parties are collaborating, search Genie or Google for model consortium agreements Collaborator may negotiate for an assignment of some Institution IP

Each of the 7 model research collaboration agreements from the Lambert Toolkit have a different approach on who can exploit the intellectual property from a project. In this particular agreement, agreement 3, Collaborator may negotiate for an assignment of some Institution IP.

Note: This collaboration agreement doesn't deal with joint ownership of intellectual property. For examples of joint ownership clauses, when 2 or more parties are collaborating, search Genie or Google for model consortium agreements Collaborator may negotiate for an assignment of some Institution IP.

Each of the 7 model research collaboration agreements from the Lambert Toolkit have a different approach on who can exploit the intellectual property from a project. In this particular agreement, agreement 2, the collaborator may negotiate further license to some or all of the Insitution IP rights.

Note: This collaboration agreement doesn't deal with joint ownership of intellectual property. For examples of joint ownership clauses, when 2 or more parties are collaborating, search Genie or Google for model consortium agreements

Each of the 7 model research collaboration agreements from the Lambert Toolkit have a different approach on who can exploit the intellectual property from a project. In this particular agreement, agreement 1, the collaborator has non-exclusive rights to use in a specified field/territory. There are no sub-licences.

Note: This collaboration agreement doesn't deal with joint ownership of intellectual property. For examples of joint ownership clauses, when 2 or more parties are collaborating, search Genie or Google for model consortium agreements.

Each of the 7 model research collaboration agreements from the Lambert Toolkit have a different approach on who can exploit the intellectual property from a project. In this particular agreement, agreement 4, the Institution has the right to use IP for non-commercial purposes.

Note: This collaboration agreement doesn't deal with joint ownership of intellectual property. For examples of joint ownership clauses, when 2 or more parties are collaborating, search Genie or Google for model consortium agreements Collaborator may negotiate for an assignment of some Institution IP.