Template for agreement on industry-employed
doctoral students
One method of financing third-cycle studies is if a doctoral student has the
opportunity to study within the framework of employment outside Lund
University; these students are referred to as industry-employed doctoral
students. This type of study often begins with a discussion at the company
where the individual works in which an interest in third-cycle studies is
raised. If the employer considers it appropriate that this happens within
the framework of employment at the company, then an agreement on a
place as an industry-employed doctoral student may be drawn up. The
employer does not need to be a company in the private sector; it could be
a public sector institution, a school or another higher education institution.
For an individual to be admitted to third-cycle studies with funding as an
industry-employed doctoral student, there must be an agreement which
regulates the employer’s and LTH’s powers and responsibilities. Below is
a template for an agreement which may be used. Decisions on admission
are taken by the Dean of LTH on the recommendation of the head of
department. Any departures from the agreement below shall be indicated
in the information provided to the Dean of LTH.
This agreement template has been drawn up in collaboration with the
Legal Division at Lund University. Departments may contact the Legal
Division for additional help in these matters. In the template, text in italics
is comments and is to be either replaced with the applicable text or
deleted.
Agreement on education of industry-employed doctoral
student
between
Lund University, Department of XXXX at the Faculty of Engineering,
hereafter called LU,
and
company name
, (CIN), address
hereafter called the Company,
each called the Party and together called the Parties, have made the
following agreement on the education of an ‘industry-employed doctoral
student’ employed at the Company.
Admission to third-cycle studies is formalised in a separate decision. This
agreement is valid only on the condition that the Doctoral Student is
admitted to third-cycle studies at LU by […..date].
1. Background
1.1 The Company has an employee, […..name], who meets the admission
requirements in the general syllabus for [.....subject], and who has
expressed a desire and willingness to undertake third-cycle studies,
hereafter called the Doctoral Student.
1.2 The Company intends to contribute to the funding of the Doctoral
Student’s third-cycle studies within the framework of a specific project (“the Project”) in accordance with the individual study plan.
1.3 LU has judged that the Doctoral Student is suitable and qualified to
be admitted to third-cycle studies in [.....subject] at LU.
1.4 LU has access to a supervisor with a relevant research specialisation
who can be made available. Supervisors are appointed by LU. For the
Project, [name] is principal supervisor and [name] is supervisor.
1.5 The Parties have now agreed the following:
2. Undertakings
2.1 LU undertakes, on the condition that the Doctoral Student is admitted
to third-cycle studies at LU by [date], to make the principal supervisor available to the Doctoral Student for the Project designed by the
Parties in accordance with the attached individual study plan for a
period corresponding to a maximum of four (4) years of full-time
study in accordance with acts, ordinances, regulations and other rules
and decisions that apply to third-cycle studies at LU and to ensure
that the research meets quality requirements set by LU. The research
is to be carried out at the Department of XXXX (“the Department”).
2.2 The Department provides the Doctoral Student with a place to work
and access to a computer, in accordance with the applicable rules and
regulations at LU/the Department, and other general work aids for
research activities, for example access to equipment for laboratory
studies, photocopying, etc.
2.3 The Company undertakes to pay all the Doctoral Student’s salary and
employment costs during the Doctoral Student’s third-cycle studies,
including travel expenses and subsistence allowance. The Doctoral
Student is employed by the Company with assigned duties in accordance with the project plan (appendix A); at least XX % (between 50
and 100 %) of the Doctoral Student’s working time shall be earmarked for third-cycle studies.
2.4 The Company has appointed [name] as contact person. The contact
person represents the Company in matters concerning the Project and
the Doctoral Student’s third-cycle studies. It is recommended that this
contact person is also appointed assistant supervisor for the Doctoral
Student.
3. Confidentiality
3.1 “Confidential Information” is information which the disclosing
Party has shared during the Project and which:
- has clearly been labelled as Confidential Information; or
- if given orally, has been stated as Confidential Information at the
time and noted in writing and labelled as Confidential Information within thirty (30) days.
3.2
All Confidential Information which one Party has received from the
other Party remains the property of the disclosing Party.
3.3
The Parties commit not to disclose Confidential Information to any
third party. The receiving Party also commits not to use Confidential
Information for any purpose other than in accordance with this
Agreement without the written approval of the other Party.
3.4
The receiving Party shall take all reasonable measures to ensure that
the confidential nature of Confidential Information is not jeopardised. The receiving Party may only disclose Confidential Information to employees who need the information for the completion of
the Project. The receiving Party is responsible for ensuring that the
individuals who have received Confidential Information observe the
stipulations in this Agreement.
3.5
The undertakings under point 3 do not, however, apply to information:
- which at the time of disclosure was generally known or which
later became generally known in a way which did not violate this
Agreement;
- which the receiving Party can show was known to it before its
disclosure;
- of which the receiving Party was duly informed independent of
the other Party; and/or
- which a Party is obliged to disclose under a law or court decision.
3.6
The conditions concerning Confidential Information apply for the
duration of the Project and for three (3) years from the expiry of the
agreement, up to a maximum of ten (10) years from the time that the
Confidential Information was disclosed to the receiving Party.
4. Publication
4.1 The Company is aware that the Project is to result in a thesis which is
presented at the Department and published. In addition, an important
part of the Doctoral Student’s third-cycle studies comprises publication of his or her research results in research articles or at symposia.
4.2 Results shall be published in accordance with good international
standards for publication of research results.
4.3 The Company shall be offered the opportunity to review material for
a maximum of thirty (30) days before publication or other disclosure.
If the material contains information on Results, publication may be
delayed for a maximum of three months from the date the Company
received the material in order to obtain protection of intellectual
property.
5. Rights to Results
5.1 “Results” refers to all information that arises from the completion of
the Project which may be subject to protection of intellectual property, irrespective of whether it is protected as intellectual property
without prior application or registration or not.
5.2 The Doctoral Student is employed at the Company and therefore the
rules that apply at the Company on inventions and ownership of Results apply to the Doctoral Student’s Results.
5.3 Results may be used freely in teaching and in the Parties’ research
and development work.
5.4 In cases where the Doctoral Student and an employee at LU have
jointly carried out the work which generated the Results, the Results
shall be owned jointly by the Doctoral Student or the Company –
depending on who has ownership rights in accordance with the rules
under point 5.2 – and the creator of the Results employed at LU. The
owners of such joint Results shall make a written agreement on how
the ownership rights to the Results are to be divided and how the
ownership rights are to be exercised.
6. Costs, payment and accounting
6.1 The Company reimburses LU SEK ZZZ 000 excluding VAT per year
for costs of the Project. The costs are invoiced once a quarter in advance. Payment due within 30 days.
6.2 The Company’s invoice address is:
[address]
7. Responsibility
7.1 The Company is responsible for and holds third-party liability
insurance for the Doctoral Student while he or she is working on the
Department’s premises.
7.2 LU is responsible for coordinating measures to protect against illness
and accidents for the Doctoral Student’s work at the Department in
accordance with the Work Environment Act (1977:1160). LU shall
ensure that the Doctoral Student receives necessary information about
the work environment and safety regulations which apply to the operations within the Doctoral Student’s field of work.
7.3 The Company is aware that LU’s operations are education and
research. LU therefore bears no financial responsibility for Results.
8. Agreement period and cancellation
8.1 This agreement enters into force once it has been signed by all parties
and the Doctoral Student has been admitted to third-cycle studies at
the Department.
8.2 The agreement ceases to apply once the studies are completed and the
intended degree has thus been achieved. If the Doctoral Student’s
third-cycle studies are delayed for reasons given in Chapter 6 Section
29 second paragraph of the Higher Education Ordinance (1993:100),
the agreement is extended for a corresponding period of time.
8.3 Should a Party be prevented from fulfilling its part of the agreement
by circumstances beyond its control, e.g. the Doctoral Student voluntarily drops out, then the right to supervision and other resources etc.
ceases. Each Party has the right to cancel the agreement with three (3)
months’ notice. LU then has the right to claim reasonable winding up
costs.
8.4 If a Party has significantly violated the agreement and after a written
exhortation has not taken corrective action within thirty (30) days, the
other Party has the right to cancel the agreement with five (5) days’
notice.
9. Force majeure
9.1 Neither of the Parties is liable to compensate the other if the Party is
prevented from carrying out its undertakings owing to circumstances
which could not have been foreseen and the detrimental effects of
which could not reasonably have been eliminated.
10. Amendments
10.1 Amendments to this agreement shall be made in writing and signed
by all parties in order to apply.
11. Disputes
11.1 Disputes relating to this agreement shall first and foremost be
resolved through negotiation between the Parties and secondly
through arbitration in accordance with the rules of the Arbitration
Institute of the Stockholm Chamber of Commerce on the simplified
arbitration procedure. The arbitration shall take place in Lund.
This agreement has been drawn up in two copies of which the Parties have
each retained one.
Lund, ___________
_____________________
Lund University
The Company
Dean
The doctoral student has read and understood the above:
XXXX
Doctoral student