The Research Cooperation Agreement is essential for formalizing research partnerships under Dutch law, typically used when two or more organizations wish to collaborate on a specific research project or program. This document is crucial for organizations operating in the Netherlands or choosing Dutch law as their governing law. It addresses key aspects such as intellectual property rights, confidentiality, data protection (GDPR compliance), project governance, and financial arrangements. The agreement is particularly important in situations involving shared resources, joint research activities, or collaborative innovation projects. It ensures compliance with Dutch legal requirements while providing a clear framework for managing the research collaboration, protecting parties' interests, and defining the exploitation of research outcomes. The document is structured to accommodate both academic and commercial interests, making it suitable for various types of research partnerships.
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1. Parties: Identification and details of the participating organizations entering into the agreement
2. Background: Context of the collaboration, including the purpose and objectives of the research cooperation
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Cooperation: Detailed description of the research project, including objectives, methodologies, and expected outcomes
5. Project Management: Governance structure, decision-making processes, and key personnel responsibilities
6. Financial Arrangements: Budget allocation, cost sharing, and payment terms
7. Intellectual Property Rights: Ownership and usage rights of background and foreground IP, including publications and exploitation rights
8. Confidentiality: Protection and handling of confidential information shared during the collaboration
9. Data Protection: Compliance with GDPR and data protection regulations, including data sharing protocols
10. Duration and Termination: Term of the agreement, renewal options, and termination conditions
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. State Aid Compliance: Required when public funding is involved, ensuring compliance with EU state aid regulations
2. Equipment and Materials: Include when specific research equipment or materials are being shared or purchased
3. Student Involvement: Required when students will participate in the research, addressing their rights and obligations
4. Background IP License: Detailed licensing terms when significant background IP is being licensed between parties
5. Commercial Exploitation: Include when there is potential for commercial exploitation of research results
6. Third Party Rights: Required when external parties have rights in the research or results
7. Export Control: Include when research involves controlled technology or international collaboration
8. Publication Protocol: Detailed procedures when academic publication is a significant aspect of the collaboration
1. Project Plan: Detailed description of research activities, timelines, and deliverables
2. Budget and Payment Schedule: Detailed financial arrangements including cost breakdowns and payment milestones
3. Background IP Register: List of relevant background IP brought by each party to the collaboration
4. Key Personnel: List of key researchers and their roles in the project
5. Equipment and Facilities: Details of equipment and facilities to be used in the research
6. Data Management Plan: Protocols for data collection, storage, sharing, and protection
7. Publication Procedure: Detailed process for review and approval of publications
8. Form of Progress Report: Template for regular project progress reporting
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