Annexure-I
Model Agreement for Intellectual Property management plan for
Collaborative Scientific Research Programme
This agreement for Intellectual property management plan is made on this ______ day of
______, 201_ (Effective Date)
BETWEEN
------------------------------------------------------------- (Name, legal status and address of the
partner), represented by --------------------------------------- (name and position of the legal
representative) hereinafter referred to as ………………………..
AND
------------------------------------------------------------- (Name, legal status and address of the
partner), represented by ---------------------------------- (name and position of the legal
representative) hereinafter referred to as ………………………..
Hereinafter jointly referred to as “the partners”
The collaborative research project ………………………………….. is a joint research project
created
between
…………………………………………..
(French
Institute)
and
……………………………… (Indian Institute).
The two Scientific Coordinators jointly define this project in Annexure-1a with scientific
objective, type of collaboration, clear added value for each of the research team, research plan
and a program for bilateral exchanges.
IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE 1: PURPOSES
1.1 The project proposal entitled "XXXXXXXXX” with details description created between
[French partner institution XXXX] and [Indian partner institution XXXX] is in ANNEX 1a.
1.2 The purpose of this Agreement is to identify the terms and conditions under which the
partners intend to manage the results and associated intellectual property rights emerging out of
the collaborative research project including the rights and obligations of the partners and their
members, in accordance with the Guidelines.
1.3 The partners shall abide the “Guidelines on protection and exploitation of Intellectual
Property Rights emanated from the collaborative Research Programme of CEFIPRA”. The
provisions of this agreement shall be understood and interpreted in accordance with the
provisions of the Guidelines.
ARTICLE 2: GENERAL PRINCIPLES APPLICABLE TO RESEARCHERS INVOLVED
IN COLLABORATIVE SCIENTIFIC RESEARCH PROJECTS
2.1 Partners and the members of a collaborative research project shall make every effort to
ensure that their research is relevant to the collaborative research project.
2.1 They shall avoid plagiarism of any kind and abide by the principle of intellectual property
and joint data ownership in the case of research carried out in collaboration with other
researchers.
ARTICLE 3: CONFIDENTIALITY
3.1. Each partner shall ensure that the researchers taking part in the collaborative project
specified in this Agreement shall obey the following terms:
3.1.1
3.1.2
3.1.3
3.1.4
To consider as strictly confidential, all information classified as confidential
(hereafter call “The information”), received verbally or in written words for the
releasing partner;
Not to use the information for any other purpose than the scientific collaborative
project or consequent to previous agreement between the partner;
Not to disclose the information to any third party; and
To give only the information to the scientist directly involved in the scientific
collaborative project.
3.2 The information is not considered confidential when the parties receiving it can prove
that
3.2.1
3.2.2
3.2.3
It belongs to the public domain when received or when the information become
public as a result of violence of confidentiality or
The information was already classified as non-confidential before being given by
the partner or by any other person authorized by that party or when it was
received with no restriction from a third party authorized to release it or
When the partners are legally required to release the information.
3.3 The clauses of the present article are valid for the duration of the present Agreement and for
a period of three years from its expiry date or from its termination.
ARTICLE 4: PUBLICATIONS
4.1. Each of the partners has the right to publish the results emanating from the project.
However, before such publication(s), the partners shall ensure in consultation amongst
themselves that no intellectual property rights are compromised.
4.2. The publications resulting from the project shall bear the names of all the authors unless any
author explicitly declines to be names.
4.3. Due acknowledgement shall be given in such publications emanating from the project (s)
supported by CEFIPRA for carrying out the project activities.
ARTICLE 5: MANAGEMENT OF INTELLECTUAL PROPERTY
5.1. Each Partner involved in this collaborative research project remains the owner of his
Background. Partners shall make the list of the Background they wish to use for the collaborative
research project, in ANNEX 1b.
5.2. Rights acquired earlier: Each partner remains the owner of the intellectual property rights
in the domain of cooperation it acquired before the signing of this Agreement or that it developed
outside the Agreement.
5.3. Results: The partners agree to inform each other mutually and confidently and as soon as
possible of all the results obtained under the collaborative research project. The results from the
collaborative research project shall be jointly owned by the partners.
Article 6: Modalities of Securing and Maintaining Intellectual property Rights
The partners agree that:
a. A Committee consisting of two experts (senior researchers) each from the partners shall
be constituted after the commencement of the collaborative research project to evaluate
the results of the collaborative projects periodically to determine whether the results are
entitle for IP protection. The Committee shall:
a. recommend the partner/s to seek necessary IP protection including the countries
where IP protection is required.
b. specifically evaluate the commercial potential of the results to ensure that IP
protection is not recommended for results that do not have any commercial value.
c. mention in the recommendation the actual or potential commercial value of the IP
if protected
b. the application for IP protection where required based on the recommendation of the
Committee shall be filled by ------------------------------------------------(name the partner)
c. the PCT application shall be filed in India/France and the other countries as
recommended by the Committee
d. the application shall be filed jointly in the name of partners/ in the name of ---------------------------------- (name the partner if the agreement is in the name of one partner)
e. The expenditure for the filing the application will be met by the partners jointly as
follows ---------------------------- (specify the share/s if any)
f. -----------------------(name the partner) shall engage competent IP firms/lawyers for filing
application
g. share all the documents and information necessary for filing the IP application and sign
relevant documents/forms for this purpose
h. -------------------------- (name the partner) shall maintain the IP during its term of
protection by taking necessary steps including payment of necessary fees.
i. The expenditure for maintaining the IP during the term of protection shall be jointly met
by the partners as follows ------------------------ (specify the share/s if any)
Article 7:
Modalities of Commercialization of IP and sharing of the benefits
The partners agree that:
a. ------------------------- (name the partner) shall immediately take necessary steps to
commercialize the IP utilizing the infrastructure available to the partner (if a partner has
the infrastructure)
b. --------------- (name the partner) shall take steps to identify a potential industry to
commercialize the IP (if both the partners do not have infrastructure).
c. ------------------------(name of the partner) shall enter into an agreement with the industry
for commercialization. The Agreement shall:
a. contain the terms and conditions of transfer of IP and any other technology
including the upfront payment and the royalty.
b. ensure that the product is made available to the public at reasonably affordable
cost taking care of the legitimate interest of the industry.
c. contain the provision for use by the Government of France/India the IP without
payment of royalty
d. The agreement shall be approved by the partners before signing
e.
The amount received from the commercialization of the IP shall be shared as follows ---------------------------(specify the share)
f. The amount received by the partner as specified above shall be shared with the creators
of IP based on the institutional norms of the partner concerned
ARTICLE 8: TERMINATION
8.1 Termination of this Agreement shall not affect the rights and obligations having been born
within scripts.
8.2 One or the other partner may terminate it with a six month advance notice notified by
registered letter with acknowledgement of receipt of the other party. The rights acquired prior to
the termination shall not be questioned.
8.3 However, the provisions of Articles 3,4,5,6 and 7 shall remain in force notwithstanding the
termination or the end of this agreement or of special covenants.
ARTICLE 9: DISPUTES
9.1 The partners shall try to resolve any dispute regarding the rights of intellectual property
arising from the programme through mutual discussion.
9.2 If they fail to reach the agreement, the head of the institute (s) / Industries (S) should be
involved to resolve the problem.
9.3 If they fail to reach an agreement, the dispute shall be referred to the two co-chairmen of the
Governing Body of CEFIPRA for settlement.
9.4 If no settlement s possible, the applicant shall seek for the settlement of the dispute through
arbitration based on the laws of ------------------------(name the country).
ARTICLE 10: DURATION AND RENEWAL
This agreement is for a four year term from the date of signing of this agreement. It may be
modified or renewed by the signing of an addendum by both partners.
Partners agree that Annexes 1a and Annexure 1b are an integral part of this Agreement.
In XXX, on XXXX
[Name of the French Scientific Coordinator]
[Signature]
I, undersigned ________________________________, in my capacity of French Scientific
Coordinator of the collaborative research project [Title XXXXXXXX] do hereby accept the
conditions that go before and commit myself to inform my home institution whenever necessary
in order to respect its IP Policy Rights.
Signed in XXXXX, on XXXXX
[Name of the legal representative of the French Partner Institution]
[Signature]
In XXX, on XXXX
[Name of the Indian Scientific Coordinator]
[Signature]
I, undersigned ________________________________, in my capacity of Indian Scientific
Coordinator of the collaborative research project [Title XXXXXXXX] do hereby accept the
conditions that go before and commit myself to inform my home institution whenever necessary
in order to respect its IP Policy Rights.
Signed in XXXXX, on XXXXX
[Name of the legal representative of the Indian Partner Institution]
[Signature]
ANNEX 1a: SCIENTIFIC AND RESEARCH TOPIC AREA
Scientific objective:
Type of collaboration:
Clear added value for each of the research team:
Research plan and a program for bilateral exchanges:
List of Members and Background
List of researchers and Partners with their Background, involved in the project at the date of
signing this Agreement
(This list is subject to be updating depending on exchange in the Project)
For [French partner institution]
[Member and Background]
For [Indian partner institution]
[Member and Background]
ANNEX 1b List of background they wish to use for collaborative Research
project