This sort of agreement might be used when a company has agreed to allow an academic, institution or industrial partner to use certain materials in connection with a research project.
This agreement in particular provides for the University owning the IP in the Results, but assigning the IP in any Improvements to the Company. It follows the scheme of Lambert Model Agreement 1, with the Company being granted a non-exclusive right to use the Results. (Unlike Lambert Model Agreement 1, the Results are defined in this form of Materials Transfer Agreement as the results arising from the use of the Materials (and not the results of the collaborative research project as a whole).
The University and the Company might, depending on the circumstances, follow the scheme of Lambert Model Agreement 2 or 3, giving the Company the opportunity to negotiate an exclusive licence or an assignment of the IP in specific Results, or Lambert Model Agreement 4 or 5, giving the Company ownership of the IP in the Results.
A MTA is a legal agreement that delineates the terms and conditions under which one party will transfer tangible research materials to another party. The MTA defines the rights and obligations of the provider and the recipient with respect to the materials and any derivatives. The agreement is intended to protect the intellectual property rights of the provider and to ensure that the materials will be used only for the purposes specified in the agreement.
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Use this agreement when bringing an advisor on board to formalize variables such as job role and responsibilities, duration of contract and compensation. The agreement also sets forth certain key terms such as confidentiality and intellectual property.
This template is to be used the next time your company needs to set out terms with an individual (i.e. not to be used for agreements involving a personal service company as defined within IR35). It sets out the terms on which a contractor provides services to a client company, and is perfect for freelance software developers, marketing consultants, designers, PR/HR/recruitment consultants.
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