The Sponsored Research Agreement is a crucial legal instrument used when an external entity (sponsor) wishes to fund research conducted by a research institution in Switzerland. This document type is essential for establishing clear parameters around research projects, particularly in sectors requiring significant R&D investment. The agreement, governed by Swiss law, addresses key aspects including intellectual property rights, confidentiality, publication rights, and financial terms, while ensuring compliance with Swiss regulatory requirements. It's particularly relevant for collaborations between industry and academia, research institutions, or specialized research organizations. The document incorporates provisions from various Swiss legal frameworks, including the Code of Obligations, Federal Act on Research, and intellectual property laws, making it a comprehensive tool for managing research partnerships in Switzerland.
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1. Parties: Identification of the sponsor and research institution, including full legal names and addresses
2. Background: Context of the research project, parties' expertise, and reasons for collaboration
3. Definitions: Key terms used throughout the agreement
4. Research Project: Detailed description of research scope, objectives, and methodology
5. Principal Investigator: Designation and responsibilities of the lead researcher
6. Performance Period: Timeline, milestones, and duration of the research project
7. Financial Terms: Budget, payment schedule, and financial obligations
8. Intellectual Property Rights: Ownership and rights to research results, background IP, and foreground IP
9. Confidentiality: Protection and handling of confidential information
10. Publications: Rights and procedures for publishing research results
11. Representations and Warranties: Parties' assurances regarding capacity, authority, and compliance
12. Liability and Indemnification: Allocation of risks and responsibilities
13. Term and Termination: Duration, renewal, and termination conditions
14. Governing Law and Jurisdiction: Swiss law application and dispute resolution procedures
15. General Provisions: Standard clauses including notices, amendments, and assignment
1. Human Subjects Research: Required when research involves human participants, including ethical compliance and informed consent
2. Equipment and Materials: Include when sponsor provides specific equipment or materials for research
3. Multi-Party Provisions: Required when multiple research institutions or collaborators are involved
4. Background Technology License: Include when existing technology is being licensed for use in the research
5. Commercialization Rights: Include when there are specific terms for commercial exploitation of research results
6. Data Protection: Required when research involves processing personal data
7. Export Control: Include when research involves internationally controlled materials or technology
8. Student Involvement: Required when students will participate in the research
9. Force Majeure: Optional clause for unforeseeable circumstances affecting research performance
1. Schedule A - Research Plan: Detailed description of research methodology, objectives, and deliverables
2. Schedule B - Budget: Detailed breakdown of costs, payment schedules, and financial arrangements
3. Schedule C - Timeline: Project timeline with milestones and deliverable dates
4. Schedule D - Personnel: List of key researchers and their responsibilities
5. Schedule E - Background IP: Inventory of relevant pre-existing intellectual property
6. Schedule F - Reporting Requirements: Format and frequency of progress reports and deliverables
7. Appendix 1 - Ethics Approvals: Copies of relevant ethical clearances and approvals
8. Appendix 2 - Material Transfer Terms: Specific terms for transfer and use of research materials
9. Appendix 3 - Data Management Plan: Procedures for data collection, storage, and sharing
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