Contracts and other resources
The IP Toolkit has a range of model tools and model contracts aimed at facilitating the collaboration process. These resources are designed for collaborations of around $100 000 or more.
For lower value or less complex collaborations (e.g. where there are relatively simple intellectual property (IP) arrangements) use the Mini IP Toolkit resources.
This checklist is designed to be used by each potential collaborator for each collaboration project to assist in systematically considering common collaboration issues. It aims to ensure that key issues are considered by each potential collaborator.
As this checklist is not exhaustive it may be useful to use the checklist after initial independent consideration, such as through an IP needs analysis.
Model Confidentiality Agreement
This confidentiality agreement is intended to be used when a sponsor (i.e. a sponsoring organisation such as a company) and a research organisation (such as a university or other research institution) intend to enter into discussions regarding a research project. This confidentiality agreement should be signed before discussions involving confidential material commence.
Model Term Sheet
A term sheet is a document that is commonly used to capture the basic terms and conditions on which the collaboration will be based.
This model term sheet assists you to:
- define the project and consider important matters
- engage appropriately with internal policies, processes and approval mechanisms
- negotiate with collaborators
- once it captures the agreed terms, use this term sheet as contract drafting instructions.
The IP Toolkit Model Contract and Mini IP Toolkit Model Contract are designed to be used by legal areas to implement the IP Toolkit Model Term Sheet once it captures agreed terms.
Once agreed terms have been captured on the term sheet, these can be used as drafting instructions for the model contracts.
The bolded sections of the term sheet correspond to the Mini IP Toolkit Model Contract. If you have only filled out the bolded sections of the term sheet for your collaboration, you can use the mini contract or a variation of it. Otherwise, you can use the full contract or a variation of it.
Disclaimer: The Australian IP Toolkit for Collaboration is only intended as a guide and is not legal advice - you should seek your own legal advice as required.