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Co Development Agreement

Co Development Agreement Template for Austria

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Key Requirements PROMPT example:

Co Development Agreement

"Need a Co-Development Agreement under Austrian law for a joint software development project between our tech startup and a major telecommunications company, with specific focus on AI technology development and shared IP rights, to commence January 2025."

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Document background
The Co-Development Agreement serves as a crucial legal framework for parties seeking to collaborate on development projects in Austria. It is particularly useful when organizations wish to combine their expertise, resources, and intellectual property to create new products, technologies, or services. The document addresses key aspects required under Austrian law, including detailed provisions for intellectual property rights, confidentiality protections, and project governance structures. This agreement type is essential for establishing clear boundaries, responsibilities, and rights in collaborative development projects, while ensuring compliance with Austrian civil code (ABGB), commercial law (UGB), and relevant IP legislation. It's commonly used in technology, research, and innovation-focused sectors where joint development activities are frequent.
Suggested Sections

1. Parties: Identification and details of the collaborating parties

2. Background: Context of the collaboration and high-level objectives

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Co-Development: Detailed description of the development project and its objectives

5. Project Management: Governance structure, steering committee, reporting requirements

6. Contributions: Resources, personnel, and materials to be contributed by each party

7. Intellectual Property Rights: Ownership and licensing of background and foreground IP

8. Confidentiality: Protection of confidential information exchanged during the project

9. Timeline and Milestones: Project phases, deadlines, and delivery schedules

10. Financial Terms: Cost sharing, payment terms, and financial responsibilities

11. Warranties and Representations: Parties' assertions regarding their capacity and rights

12. Liability and Indemnification: Risk allocation and protection against third-party claims

13. Term and Termination: Duration, renewal, and termination provisions

14. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Commercialization Rights: Include when parties intend to commercialize the development results

2. Regulatory Compliance: Include for regulated industries or products requiring specific compliance

3. Marketing and Publicity: Include when parties want to regulate public announcements and marketing

4. Third-Party Contractors: Include when external contractors will be involved in development

5. Export Control: Include when development involves internationally controlled technology

6. Data Protection: Include when personal data processing is involved

7. Non-Competition: Include when parties want to restrict competitive activities

8. Insurance: Include when specific insurance coverage is required for the project

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and specifications of the development project

2. Project Plan: Detailed timeline, milestones, and deliverables

3. Background IP: List of pre-existing IP brought by each party to the project

4. Allocated Resources: Detailed breakdown of personnel, equipment, and facilities

5. Budget and Cost Allocation: Detailed financial projections and cost-sharing arrangements

6. Governance Procedures: Detailed procedures for project management and decision-making

7. Quality Standards: Required quality standards and testing procedures

8. Form of Reports: Templates and requirements for project reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Background IP
Business Day
Confidential Information
Co-Development Project
Deliverables
Development Period
Development Plan
Development Results
Effective Date
Foreground IP
Force Majeure
Improvements
Intellectual Property Rights
Joint IP
Know-How
Materials
Milestones
Project Manager
Project Schedule
Project Specifications
Related Persons
Representatives
Steering Committee
Technical Information
Territory
Third Party
Work Product
Background Materials
Commercial Purpose
Contributed IP
Development Costs
Field of Use
Implementation Plan
Joint Steering Committee
Key Personnel
License
Project Budget
Quality Standards
Research Results
Technical Documentation
Testing Procedures
Working Group
Clauses
Definitions
Scope of Development
Project Management
Resource Allocation
Intellectual Property Rights
Confidentiality
Project Timeline
Financial Terms
Warranties
Liability
Indemnification
Force Majeure
Term and Termination
Change Control
Dispute Resolution
Assignment
Notices
Governing Law
Jurisdiction
Entire Agreement
Severability
Waiver
Amendment
Regulatory Compliance
Data Protection
Non-Competition
Personnel
Quality Control
Reporting Requirements
Audit Rights
Insurance
Export Control
Publication Rights
Third Party Rights
Commercialization Rights
Performance Standards
Survival
Representations
Relevant Industries

Technology

Software Development

Biotechnology

Pharmaceuticals

Manufacturing

Automotive

Aerospace

Electronics

Medical Devices

Clean Energy

Telecommunications

Industrial Automation

Research & Development

Chemical Industry

Relevant Teams

Legal

Research & Development

Product Development

Engineering

Innovation

Business Development

Intellectual Property

Project Management

Technical Operations

Partnerships

Compliance

Commercial

Relevant Roles

Chief Technology Officer

Research & Development Director

Legal Counsel

IP Manager

Project Manager

Business Development Manager

Chief Executive Officer

Chief Innovation Officer

Technical Director

Contract Manager

Head of Engineering

Product Development Manager

Innovation Manager

Partnership Manager

Research Director

Industries
Austrian Civil Code (ABGB): Provides the fundamental framework for contract formation, validity, performance, and remedies in case of breach
Austrian Patent Act (Patentgesetz): Governs patent rights and protection of inventions that may result from the co-development
Austrian Copyright Act (Urheberrechtsgesetz): Regulates protection of creative works, software, and other copyrightable materials created during co-development
Austrian Unfair Competition Act (UWG): Ensures fair competition and regulates business practices between collaborating parties
Austrian Data Protection Act (DSG): Implements GDPR requirements and governs processing of personal data in Austria
Austrian Commercial Code (UGB): Regulates commercial relationships and transactions between businesses
Austrian Cartel Act (Kartellgesetz): Ensures compliance with competition law in collaborative business arrangements
Austrian Trade Secret Protection Act (UWG-neu): Protects confidential business information and know-how shared during co-development
Austrian Labor Law (Arbeitsrecht): Governs employment relationships and rights of employees involved in the co-development project
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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