RSS Contracts Process
&
Intellectual Property
Navdeep Bains
(Contracts Officer- WMS)
FP14 Process for Contracts
• FP14a,(Initial acceptance of work and price)
• Draft Contract issued
• Negotiation Period (Agree final price, scope of work
and terms)- Requires your input
• FP14b, (Post Negotiation/ Pre signing and
acceptance of an Award
– Acceptance of terms and risks
– Authorised signatories of awards
• Director or Deputy Directors of RSS, Registrar, Finance
Director
• Academics or Researchers cannot sign
• FP14c, Declaration of Ethical compliance
Under Recovery Process
• Unless it is Funder’s rules funding should be
100% FEC plus
• Case for support
– Supported by Head of Division
– Memo via RSS highlighting terms
– Approval by Deputy Vice Chancellor via Director
of RSS.
• Delay in process
My role
• Responsible for all WMS research contracts
• Types of Agreement:
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Confidentiality Agreements
Material Transfer Agreements
Collaboration Agreements, Consortium Agreement
Research contracts
Sponsorship Agreements
Site Agreements
Studentships
KTP Agreements
Sub-contracts
Amendments/Variations/Extensions,
MOU’s
My role
• Drafting, reviewing and negotiating contracts
• Preparing costings and pricings
• Attending meetings
• Ensuring compliance with governance requirements
• Dealing with issues that arise during the project life
• Support Research Development Team with Grants
Purpose
• Manages Expectations
– What do the parties want to achieve/get out of the
collaboration?
– Scope of Work
– Delivery – start and end dates
– Budget & Payment
• Don’t over sell – be realistic!
Commercial grants / contracts, Do’s
and Don’ts
• Do:
– Talk to your RSS when thinking of approaching or discussing
research proposals
– Establish what funding is on offer. Is your project financially
viable given University policy on cost-recovery?
– Provide RSS with the necessary information (scope of work,
dates, funder & costing details etc).
– Obtain a appropriate contracts/advice guidance from RSS
• Don’t:
– Talk to companies, and share any of your or other peoples
ideas without an NDA
– Quote a price without obtaining a realistic costing from RSS
– Sign anything!
What is Intellectual Property?
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Most negotiated section of the agreement
What is covered not just exploitable IPR
Defined within the agreement
• Invention, patents
• Copyright, software
• Design Rights
• Registered Trademarks
• Know-how
• Information, data, the reports, methodology everything that
comes out of the research.
IP is everything that is not in the public domain
Types of IP
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Patents protects the invention- how it works, what makes it work, the
elements that make up the invention
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Trade marks are signs (like words and logos) that distinguish goods
and services in the marketplace.
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Designs protect the appearance of a product/logo, from the shape of
an aeroplane to a fashion item.
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Copyright is an automatic right which applies when the work is fixed,
that is written or recorded in some way.
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Confidentiality/Trade Secret e.g. the Coke Cola recipe.
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Know-how is what you know, experience, training etc.
Types of IP continued…
IP is generally split into two categories: -
• Background IP :
– each party owned before the work started
– created independently
- Ownership of background remain with the party
bringing it into the project
- Remember IP created in one project may become
background to another project.
Foreground IP
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IP created during the course of the project
Ownership is not the same as inventorship
Ownership can be transferred
Always retain a research and teaching licence
(Charities Act)
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Think, is this enough?
What do you want to do in the future?
Sponsored research
Third Party IP
• Third type of IP
• IP belonging to a person not party to the agreement
– Collaborator
– Company (questionnaires, survey etc.)
– Funders (IP you created by ownership was given away)
• What rights do you have to this IP?
Making the most of this support…
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Involve me as early as possible
Keeping me informed
Provide me with the required information
Make the most of my experience
Following the process avoids delays
Update on support available
• From the 1st July 2013 two contracts officer
will be supporting WMS:
• Navdeep Bains
– Health Sciences
– Clinical Trials Unit
• Philip Ryan
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Biomedical Cell Biology
Mental Health and Wellbeing
Metabolic and Vascular Health
Microbiology and Infection
Reproductive Health
I’m here to help…
• Monday, Tuesday, Wednesday and Friday – based in
University House, Ground Floor Annex
• Thursday – based in Warwick Medical School
[email protected]
024 7615 0709 (x50709)
http://www2.warwick.ac.uk/services/rss/
Any questions?