Sponsored Research Agreement Template for Austria

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Key Requirements PROMPT example:

Sponsored Research Agreement

"I need a Sponsored Research Agreement under Austrian law for a three-year pharmaceutical research project starting March 2025, where our company will provide €500,000 funding to the University of Vienna's Medical Research Department, with specific focus on IP rights and publication protocols."

Document background
The Sponsored Research Agreement is a crucial legal instrument used when an external organization wishes to fund research activities at a research institution in Austria. This document is essential for establishing the framework of research collaboration, particularly when commercial entities seek to leverage academic expertise or research facilities. The agreement must comply with Austrian legal requirements, including the Austrian Civil Code (ABGB), Patent Act, and relevant research regulations. It typically includes detailed provisions on project scope, intellectual property rights, confidentiality, publication rights, and financial terms. The document is particularly important for protecting both parties' interests while facilitating innovation and knowledge transfer between industry and academia.
Suggested Sections

1. Parties: Identification of the sponsor and research institution, including full legal names and addresses

2. Background: Context of the research collaboration, including the sponsor's interest and the institution's capabilities

3. Definitions: Definitions of key terms used throughout the agreement, including 'Research Project', 'Background IP', 'Foreground IP', etc.

4. Research Project: Detailed description of the research scope, objectives, and deliverables

5. Duration and Timeline: Project start date, end date, and key milestones

6. Financial Provisions: Payment terms, research funding amount, payment schedule, and eligible costs

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

8. Confidentiality: Protection of confidential information, including research data and trade secrets

9. Publication Rights: Terms for publishing research results, including sponsor review rights

10. Project Management: Governance structure, reporting requirements, and project oversight

11. Warranties and Liability: Limitations of liability, warranties regarding research conduct

12. Termination: Conditions for early termination and its consequences

13. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices

Optional Sections

1. Student Involvement: Terms governing student participation in research, thesis rights, and academic requirements

2. Equipment and Materials: Provisions for specialized equipment or materials provided by either party

3. Background Technology Access: Terms for accessing and using pre-existing technology or facilities

4. Data Protection: Specific GDPR compliance measures if personal data processing is involved

5. Export Control: Compliance with export control regulations for international collaborations

6. Biological Materials: Special provisions for handling biological materials or hazardous substances

7. Third-Party Rights: Management of third-party intellectual property or contributions

8. Insurance: Special insurance requirements for high-risk research activities

9. Publicity: Terms for public announcements and use of parties' names/logos

Suggested Schedules

1. Schedule 1 - Research Project Plan: Detailed research methodology, timelines, and deliverables

2. Schedule 2 - Budget: Detailed breakdown of research costs and payment schedule

3. Schedule 3 - Key Personnel: List of principal investigators and key researchers

4. Schedule 4 - Background IP: List of relevant pre-existing intellectual property rights

5. Schedule 5 - Report Templates: Templates for progress and final reports

6. Schedule 6 - Publication Procedure: Detailed process for publication approval

7. Appendix A - Equipment List: Inventory of specialized equipment provided by either party

8. Appendix B - Safety Protocols: Research safety procedures and requirements

9. Appendix C - Confidentiality Agreements: Forms for additional confidentiality agreements for team members

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

Relevant legal definitions
Clauses
Relevant Industries

Biotechnology

Pharmaceuticals

Information Technology

Manufacturing

Healthcare

Energy

Environmental Sciences

Materials Science

Automotive

Aerospace

Chemical Industry

Medical Devices

Artificial Intelligence

Telecommunications

Agriculture

Relevant Teams

Legal

Research and Development

Intellectual Property

Corporate Development

Technology Transfer

Innovation

Compliance

Business Development

Scientific Affairs

Academic Affairs

Contracts Administration

Research Operations

Technology Management

Relevant Roles

Research Director

Legal Counsel

Chief Technology Officer

Principal Investigator

Research Program Manager

Intellectual Property Manager

Contract Manager

Chief Scientific Officer

Technology Transfer Officer

Research Administrator

Innovation Manager

Corporate Development Director

Research Compliance Officer

Business Development Manager

General Counsel

Industries
Austrian Civil Code (ABGB): Provides the fundamental framework for contract formation, validity, and enforcement in Austria. Particularly relevant for defining the contractual relationship between research partners.
Austrian Patent Act (Patentgesetz): Governs the protection and assignment of patent rights, crucial for managing intellectual property generated during sponsored research.
Austrian Copyright Act (Urheberrechtsgesetz): Regulates copyright protection for research outputs, publications, and other copyrightable materials created during the research.
Austrian Data Protection Act (Datenschutzgesetz): Implements GDPR requirements and governs the processing of personal data in research contexts.
Austrian Universities Act (Universitätsgesetz): Relevant if the research involves public universities, governing their ability to enter into research agreements and manage research activities.
Austrian Research Promotion Act (Forschungsförderungsgesetz): Governs aspects of research funding and promotion, particularly relevant if public funding is involved.
Austrian Employment Law (Arbeitsrecht): Relevant for understanding the legal framework governing researchers' employment relationships and obligations.
Austrian Research Organization Act (Forschungsorganisationsgesetz): Provides framework for organization and conduct of research activities in Austria.
EU Regulation No 1290/2013 (Horizon 2020 Rules): While not Austrian law, may be relevant if the research involves EU funding or cross-border collaboration.
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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