R & D Legal Advising: Advising in Research and Development Matters
Collaborations with partners from the private sector and other research institutions are essential to be able to utilise potential and conduct research in a networked, interdisciplinary and comprehensive manner. When planning and implementing such collaborations, various legal aspects must be taken into account.
The legal advisors in the Research Services Department are happy to assist and advise you on all legal matters arising in connection with research projects and other research collaborations. This especially applies to drafting the necessary partnership and cooperation agreements. For this purpose, we provide different sample agreements depending on the type of project. We also facilitate and conduct contract negotiations with various partners from industry and research.
Moreover, we also offer assistance and advice if you want to enter into a research collaboration. In addition, we review confidentiality agreements in connection with research projects and answer legal questions related to the internationalisation of the university (joint (binational) doctoral degrees, partnerships with international research institutions, etc.).
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If research projects are carried out in cooperation with other partners (public institutions or private sector companies), a contractual agreement is required that regulates the legal relationships between the partners involved in the cooperation. In order to prevent misunderstandings and avoid later conflicts, it should be clearly defined in the contract who bears the costs of the research project, who is entitled to the results of the work and under what conditions these can be published.
Depending on whether the project is a publicly funded collaborative project or another type of research cooperation, different legal framework conditions must be taken into account when drafting the contract. As lawyers in the Research Department, we can help you choose the appropriate form of contract, answer your questions and those of the project partners about the contractual regulations, and then submit the contracts to the Vice President for Business and Human Resources Administration for signature.
Contact
A2.233 | 60 - 2694 | |
A3.232 | 60 - 4922 | |
A3.226 | 60 - 2520 | |
A3.219 | 60 - 2851 |
In contrast to other types of research cooperation, contract research is always conducted when scientific research is commissioned by a private or public funding body. The characteristic feature here is that the content of the research and its goal are specified by the respective client, the client bears the entire costs of the project and in return receives rights of use to the project results.
If research is to be carried out on behalf of another party, a contract must be concluded. This contract primarily contains regulations on the research content, the remuneration and the question of how the rights to the work results are to be handled. In the case of contract research, it should also be ensured that the results obtained can continue to be used for purposes of the university's own research and teaching.
In the case of contract research projects, it must also be taken into account that the remuneration must be calculated in accordance with the requirements of the separation calculation in order to meet the requirements of EU state aid law.
Contact
A2.233 | 60 - 2694 | |
A3.232 | 60 - 4922 |
Regardless of the type of cooperation, be it research collaborations, contract research or other cooperations, the conclusion of a non-disclosure agreement is required in many cases. This protects each partner involved from having their findings and know-how disseminated without their knowledge or against their will. There is a great interest in this not only on the part of the partners from the private sector, but also you as a scientist at Paderborn University can protect your knowledge and expertise.
Such an agreement, also called a Non-Disclosure Agreement (NDA) or Confidential Disclosure Agreement (CDA), primarily contains the obligation not to use confidential information for purposes outside the cooperation, or not to use it without the partner's consent. It can be formulated unilaterally or mutually, come into force only at the actual start of the project or already at the first preliminary talks about a potential cooperation, be valid only for the duration of the project or even beyond. A variety of different forms are conceivable here, which we will be happy to examine for you depending on the individual case and then submit to the Vice-President for Business and Human Resources Administration for signature.
Contact
A2.233 | 60 - 2694 | |
A3.232 | 60 - 4922 | |
A3.226 | 60 - 2520 | |
A3.219 | 60 - 2851 |
The outstanding research achievements and the resulting knowledge are the sources of success of Paderborn University. This knowledge must be protected consistently and sustainably. For information on inventions and patents at universities, please visit the following website: www.uni-paderborn.de/en/research/patents.
Contact
A3.226 | 60 - 2068 |