How do I read and modify contracts?

You must check the following in the contracts:

  • Formalities; organisation details and addresses
  • Who is signatory? Is it the right person? Has this person the power to sign on behalf of the organisation?
  • The budget and payments. Is the budget as we agreed on and how will we get the payments?
  • The work plans or DoW/Annex1 is part of the contract: 
    • Are the milestones and time plan ok?
    • Have I got the resources as agreed (person months and payments for consumables and travels)?
    • Are my deliverables ok and as agreed?
    • IPR; is it equal to what is in the Consortium Agreement  (there should be no conflict between the two)? 

You must provide text for following in the consortium agreement:

  • IPR; describe your background (what you have before entering the project) and your rights to the results of the project
  • The defaults are:
    • The background you have before the project is yours also after the project
    • Background access is limited to what is needed for doing the project work
    • The results you create in the project is yours
    • Access to background is free for performing the project work
    • Access to background post project is on fair and reasonable conditions

Any deviations from the above: Seek advice and do not sign before you understand the conditions.

Dissemination:

  • The project should not delay publication by more than 45 days i.e. doing internal reading of your text
  • If there are no comments within the period of 45 days you should automatically be free to publish
  • The project should only review and control formalities and possible problems to IPR e.g. patenting.
  • Do not accept that the project shall approve your scientific work before publication

 Obligations and responsibilities:

  • Check that the obligations and responsibilities do not have unwanted or unfair consequences for you:
    • In the case of failures and delays
    • In the conduct of clinical trials
    • Handling of material
    • Responsibilities for own and others’ personnel regrading conduct, safety and other
    • That there are no unwanted/unfair economic consequences
    • Your responsibilities towards third parties

 General:

  • A contract/consortium agreement should be fair and balanced so that obligations and rights apply equally to both/all parties. Be aware of industrial partners and coordinators opting for unequal opportunities.  
  • Do not get paranoid. If consequences of accepting an agreement cannot harm you or cause loss of major opportunities in the future, accept the agreement without too much fuzz.

 

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