The Research Service Agreement is essential for organizations engaging in collaborative research projects under Belgian jurisdiction. It is particularly relevant when one party (the service provider) agrees to conduct specific research activities for another party (the client) in exchange for compensation. This agreement type is commonly used in Belgium's strong research and development sector, particularly in areas such as biotechnology, pharmaceuticals, and academic research. The document addresses critical aspects including intellectual property rights allocation, confidentiality obligations, data protection compliance (particularly under GDPR), quality standards, and delivery specifications. It incorporates specific requirements of Belgian civil law while also considering EU regulations that impact research activities. The agreement is suitable for both commercial and academic research contexts and can be adapted for various research fields while maintaining compliance with Belgian legal requirements.
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1. Parties: Identification of the contracting parties including their legal form and registered offices
2. Background: Context of the research services and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the research services to be provided
5. Timeline and Deliverables: Specific timelines, milestones, and deliverables of the research project
6. Payment Terms: Financial terms, payment schedule, and invoicing requirements
7. Intellectual Property Rights: Ownership and licensing of pre-existing and newly created IP
8. Confidentiality: Protection of confidential information and trade secrets
9. Data Protection: GDPR compliance and data processing obligations
10. Warranties and Quality Standards: Quality standards for the research and related warranties
11. Liability and Indemnification: Limitation of liability and indemnification provisions
12. Term and Termination: Duration of agreement and termination provisions
13. General Provisions: Standard legal provisions including governing law, jurisdiction, and notices
1. Personnel: Required when specific researchers or key personnel are essential to the project
2. Equipment and Materials: Needed when specific research equipment or materials are provided by either party
3. Publication Rights: Include when academic or public dissemination of research results is contemplated
4. Background IP License: Required when background IP is being licensed for the research
5. Compliance with Research Standards: Include when research involves specific regulatory compliance requirements
6. Force Majeure: Optional but recommended for long-term research projects
7. Insurance: Include when research involves higher risk activities
8. Export Control: Required when research involves international transfer of technology or data
1. Schedule 1 - Research Project Description: Detailed description of the research project, methodology, and objectives
2. Schedule 2 - Deliverables and Milestones: Specific list of deliverables, acceptance criteria, and milestone dates
3. Schedule 3 - Payment Schedule: Detailed breakdown of payments, including amounts and trigger events
4. Schedule 4 - Key Personnel: List of key researchers and their roles if applicable
5. Schedule 5 - Background IP: Description of relevant background IP brought to the project
6. Appendix A - Data Processing Agreement: Required GDPR compliance documentation if personal data is processed
7. Appendix B - Technical Requirements: Detailed technical specifications and requirements
8. Appendix C - Quality Standards: Applicable research and quality standards
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