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Contract Research Agreement

Contract Research Agreement Template for Austria

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Key Requirements PROMPT example:

Contract Research Agreement

"I need a Contract Research Agreement under Austrian law for a pharmaceutical company sponsoring clinical research at a university, with specific provisions for handling biological materials and personal health data, planned to commence in March 2025."

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Document background
The Contract Research Agreement is essential for organizations engaging in commissioned research activities within the Austrian legal framework. It is commonly used when a company, institution, or organization (the sponsor) wishes to engage a research provider to conduct specific research activities. The agreement ensures compliance with Austrian civil law, EU regulations, and specific research-related legislation while protecting both parties' interests. It covers crucial aspects such as intellectual property rights, confidentiality, data protection under GDPR, payment terms, and project deliverables. This document is particularly important in regulated industries and academic-industrial collaborations, where clear definition of rights, obligations, and research parameters is essential. The agreement's structure accommodates various research types while maintaining compliance with Austrian legal requirements and international research standards.
Suggested Sections

1. Parties: Identification and details of the contracting parties (research provider and sponsor)

2. Background: Context of the research project, relationship between parties, and general purpose of the agreement

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

4. Scope of Research: Detailed description of the research project, objectives, and methodologies

5. Project Management: Governance structure, key personnel, reporting lines, and decision-making processes

6. Timeline and Deliverables: Specific milestones, deadlines, and expected outputs of the research

7. Payment Terms: Research fees, payment schedule, expenses, and financial arrangements

8. Intellectual Property Rights: Ownership and usage rights of research results, background IP, and newly created IP

9. Confidentiality: Protection of confidential information and trade secrets

10. Data Protection: GDPR compliance and data handling requirements

11. Publication Rights: Terms for publishing research results and review procedures

12. Warranties and Representations: Assurances regarding capacity, authority, and research quality

13. Liability and Indemnification: Allocation of risks and responsibilities between parties

14. Term and Termination: Duration of agreement and conditions for early termination

15. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices

Optional Sections

1. Materials Transfer: Terms for handling research materials, applicable when physical materials are exchanged

2. Background License: License terms for using pre-existing IP, needed when background IP is essential for the research

3. Commercialization Rights: Terms for commercial exploitation of results, relevant for potentially marketable research

4. Student Involvement: Special provisions for student researchers, needed when students participate in the project

5. Ethics and Compliance: Special regulatory or ethical requirements, necessary for medical or human subject research

6. Equipment Usage: Terms for using specialized equipment, relevant when significant equipment is involved

7. Third-Party Rights: Provisions regarding third-party contractors or collaborators, needed in multi-party research

8. Insurance: Specific insurance requirements, important for high-risk research activities

Suggested Schedules

1. Research Plan: Detailed description of research methodology, tasks, and objectives

2. Budget: Detailed breakdown of costs, payment schedules, and financial terms

3. Key Personnel: List of principal researchers and key team members with their roles

4. Background IP: Inventory of relevant pre-existing intellectual property

5. Material Transfer Details: Specifications of materials to be transferred and handling procedures

6. Timeline: Detailed project timeline with milestones and deliverables

7. Reporting Templates: Standard formats for progress reports and final documentation

8. Data Management Plan: Protocols for data collection, storage, and handling

9. Quality Assurance Procedures: Standards and procedures for ensuring research quality

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
Confidential Information
Deliverables
Effective Date
Foreground IP
Force Majeure
Good Scientific Practice
Intellectual Property Rights
Key Personnel
Materials
Milestone
Personal Data
Project
Project Manager
Project Plan
Research
Research Results
Research Site
Sponsor
Research Provider
Sponsor Materials
Technical Information
Term
Third Party
Timeline
Work Product
Background Technology
Commercially Reasonable Efforts
Data Protection Laws
Disclosing Party
Receiving Party
Intellectual Property
Know-How
Patent Rights
Project Budget
Quality Standards
Research Objectives
Research Protocol
Specifications
Trade Secrets
Clauses
Definitions
Scope of Services
Project Management
Payment Terms
Intellectual Property Rights
Confidentiality
Data Protection
Publication Rights
Research Standards
Materials Transfer
Deliverables
Timeline
Quality Assurance
Warranties
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Ethics and Compliance
Record Keeping
Audit Rights
Personnel
Non-Competition
Assignment
Notices
Dispute Resolution
Governing Law
Amendment
Entire Agreement
Severability
Third Party Rights
Export Control
Anti-Corruption
Subcontracting
Background IP License
Research Results
Commercialization Rights
Relevant Industries

Biotechnology

Pharmaceutical

Information Technology

Manufacturing

Engineering

Healthcare

Environmental Sciences

Energy

Materials Science

Chemical Industry

Automotive

Agriculture

Medical Devices

Artificial Intelligence

Telecommunications

Relevant Teams

Legal

Research and Development

Intellectual Property

Compliance

Technology Transfer

Innovation

Business Development

Scientific Affairs

Contract Administration

Project Management Office

Regulatory Affairs

Relevant Roles

Research Director

Legal Counsel

Chief Scientific Officer

Project Manager

Head of R&D

Intellectual Property Manager

Research Scientist

Contract Manager

Chief Technology Officer

Innovation Manager

Compliance Officer

Research Administrator

Technology Transfer Officer

Business Development Manager

Principal Investigator

Industries
Austrian Civil Code (ABGB): Provides the fundamental framework for contract formation, validity, and enforcement, including general contract terms, obligations, and remedies
Austrian Patent Act (Patentgesetz): Governs patent rights and protection of inventions, crucial for managing intellectual property generated during research
Austrian Copyright Act (Urheberrechtsgesetz): Regulates copyright protection for academic and scientific works, including research outputs and publications
EU General Data Protection Regulation (GDPR): Governs the processing and protection of personal data, including research data containing personal information
Austrian Data Protection Act (Datenschutzgesetz): National implementation of data protection requirements, complementing GDPR
Austrian Universities Act (Universitätsgesetz): Relevant if research involves universities, governing research conduct and institutional requirements
Austrian Research Promotion Act (Forschungsförderungsgesetz): Provides framework for research funding and promotion, including requirements for sponsored research
Austrian Labor Law (Arbeitsrecht): Relevant for employment aspects of researchers and research staff involved in the project
EU Technology Transfer Regulation: Governs licensing of technology and research results within the EU context
Austrian Trade Secrets Act (Geschäftsgeheimnisgesetz): Protects confidential business information and know-how, crucial for proprietary research
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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