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Joint Research And Development Agreement

Joint Research And Development Agreement Template for Philippines

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Key Requirements PROMPT example:

Joint Research And Development Agreement

"I need a Joint Research and Development Agreement for a collaboration between our pharmaceutical company and a local university in the Philippines, focusing on developing new drug delivery systems, with commercialization rights to be primarily held by our company while preserving academic publication rights."

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Document background
The Joint Research And Development Agreement is essential for organizations seeking to collaborate on research projects while operating under Philippine jurisdiction. This document type is particularly relevant when two or more entities wish to combine their resources, expertise, and intellectual property to pursue joint research objectives. It's commonly used in situations requiring structured collaboration between academic institutions, private companies, or government research agencies. The agreement must comply with Philippine legislation, including the Technology Transfer Act (RA 10055), Intellectual Property Code (RA 8293), and relevant industry regulations. It typically includes comprehensive provisions for project governance, IP management, confidentiality, and commercialization rights, making it suitable for both domestic and international research partnerships where Philippine law applies.
Suggested Sections

1. Parties: Identification of the participating organizations and their legal status

2. Background: Context of the collaboration, capabilities of each party, and objectives of the joint R&D

3. Definitions: Definitions of technical terms, project-specific terminology, and key concepts

4. Scope of Collaboration: Detailed description of the research project, objectives, and deliverables

5. Project Management: Governance structure, steering committee, project leaders, and decision-making processes

6. Contributions: Resources, facilities, personnel, and other contributions from each party

7. Background IP: Pre-existing IP rights of each party and terms of use

8. Foreground IP: Ownership and rights to IP created during the project

9. Confidentiality: Protection of confidential information and trade secrets

10. Publication Rights: Process for approval and conditions for academic or scientific publications

11. Commercialization: Rights and process for commercial exploitation of research results

12. Term and Termination: Duration of agreement and termination provisions

13. Liability and Indemnification: Risk allocation and indemnification obligations

14. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices

Optional Sections

1. External Funding: Terms related to government or third-party funding, applicable when external funding is involved

2. Regulatory Compliance: Specific compliance requirements for regulated industries or sensitive research areas

3. Student Involvement: Special provisions for student researchers, relevant for academic collaborations

4. Cross-Border Provisions: Additional terms for international collaborations, including export control

5. Data Protection: Specific provisions for handling personal or sensitive data, required if research involves such data

6. Background Technology: Detailed provisions about pre-existing technology access and usage rights

7. Third Party Rights: Provisions dealing with third party IP or technology requirements

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

Suggested Schedules

1. Project Plan: Detailed research methodology, timelines, and milestones

2. Budget: Financial contributions, cost allocation, and payment schedules

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

4. Key Personnel: List of key researchers and their roles

5. Equipment and Facilities: Details of research facilities and equipment to be used

6. Technical Specifications: Technical requirements and standards for the research

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

8. Publication Procedure: Detailed process for review and approval of publications

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 Intellectual Property
Background Technology
Business Day
Commencement Date
Commercialization
Confidential Information
Contributed Materials
Deliverables
Effective Date
Foreground Intellectual Property
Force Majeure
Improvements
Intellectual Property Rights
Joint Intellectual Property
Know-How
License
Material Transfer
Net Revenue
Project
Project Leader
Project Manager
Project Plan
Project Results
Publication
Research
Research Field
Research Materials
Research Objectives
Research Period
Research Program
Research Site
Research Team
Steering Committee
Technical Information
Technology
Territory
Third Party
Trade Secrets
Working Day
Project Milestones
Derivative Works
Development Phase
Arising IP
Research Data
Background Rights
Collaborative Research
Commercial Applications
Expected Outcomes
Field of Use
Implementation Phase
Joint Steering Committee
Key Personnel
Project Budget
Research Infrastructure
Research Protocol
Technical Committee
Clauses
Intellectual Property Rights
Confidentiality
Project Management
Resource Allocation
Risk and Liability
Termination
Force Majeure
Dispute Resolution
Governing Law
Assignment
Entire Agreement
Severability
Notices
Amendments
Publication Rights
Commercialization Rights
Technology Transfer
Data Protection
Regulatory Compliance
Research Objectives
Background IP
Foreground IP
Project Timeline
Financial Provisions
Personnel
Equipment and Facilities
Quality Assurance
Records and Reporting
Warranties and Representations
Insurance
Competition Law Compliance
Export Control
Third Party Rights
Academic Rights
Research Ethics
Health and Safety
Environmental Compliance
Indemnification
Conflict of Interest
Material Transfer
Change Control
Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Agriculture

Healthcare

Energy

Environmental Sciences

Telecommunications

Defense

Automotive

Electronics

Materials Science

Relevant Teams

Legal

Research and Development

Intellectual Property

Business Development

Scientific Affairs

Innovation

Technology Transfer

Commercial

Corporate Development

Regulatory Affairs

Project Management Office

Executive Leadership

Relevant Roles

Research Director

Chief Technology Officer

Head of R&D

Legal Counsel

IP Manager

Research Project Manager

Chief Scientific Officer

Business Development Director

Innovation Manager

Technology Transfer Officer

Research Scientist

Contract Manager

Chief Executive Officer

Head of Innovation

Commercial Director

Research Coordinator

Industries
Intellectual Property Code of the Philippines (Republic Act No. 8293): Governs intellectual property rights, including patents, trademarks, and copyrights that may arise from joint R&D activities
Technology Transfer Act of 2009 (Republic Act No. 10055): Provides framework for ownership, management, use, and commercialization of intellectual property generated from R&D funded by government agencies
Philippine Competition Act (Republic Act No. 10667): Ensures that collaborative R&D agreements do not create anti-competitive effects in the market
Corporation Code of the Philippines (Batas Pambansa Blg. 68): Governs the formation and operation of joint ventures or collaborative arrangements between parties
National Internal Revenue Code: Covers tax implications and potential R&D tax incentives available to qualifying research activities
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection, handling, and processing of personal information in research activities
Science Act of 1958 (Republic Act No. 2067): Establishes basic framework for scientific research and development in the Philippines
Foreign Investments Act (Republic Act No. 7042): Relevant if the joint R&D involves foreign parties or investments
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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