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Office of Research and Innovation

The Office of Research and Innovation agreements are for execution prior to research project commencement. There are different steps to follow, depending upon whether the research agreement is drafted by ECU or by an external party.

Research agreement drafted by ECU

Step 1: Choose the type of research agreement required  from the following templates:

  • ECU Industry Collaboration Scheme Research Agreement
  • NHMRC Collaboration Agreement
  • Contract Research Agreements

See Sections 1, 2 and 3 below for descriptions and access to these templates.

Step 2: Ensure that ECU staff and students involved in the research project each sign an IP and Confidentiality Deed before the project commences. See Section 4 below for access to templates.

Step 3: If ECU is providing background IP to the project, ensure that ECU has a right to use that background IP for this purpose without infringing the IP rights of any third party, i.e. ECU must own the background IP or have a licence to use it for this research project. Contact us if there is any uncertainty.

Step 4: Read and comply with the conditions of use (Section 6) and preparation notes (Section 7).

Research agreement drafted by external party

Step 1: Ensure that ECU staff and students involved in the research project each sign an IP and Confidentiality Deed before the project commences. See Section 4 below for access to templates.

Step 2: If ECU is providing background IP to the project, ensure that ECU has a right to use that background IP for this purpose without infringing the IP rights of any third party, i.e. ECU must own the background IP or have a licence to use it for this research project. Contact us if there is any uncertainty.

Step 3: If moral rights waivers cannot be negotiated out of an agreement ensure that the appropriate Moral Rights template is used. See Section 5 below for more information and access to these templates.

Step 4: Read and comply with the conditions of use (Section 6) and preparation notes (Section 7).

Section 1 - ECU Industry Collaboration Scheme Research Agreements

The ECU Industry Collaboration Scheme Research Agreement must be used for each grant awarded under ECU's Industry Collaboration Scheme ('ICS'). The counterparty is the non-academic organisation ('Partner Organisation') which is contributing funds to ECU to supplement the ICS Grant.

Section 2 – NHMRC Collaboration Agreement

This agreement must be used for each NHMRC grant awarded to ECU where ECU is collaborating with a Participating Institution(s) to conduct the research funded by the grant. A requirement of the NHMRC is that ECU and the Participating Institution(s) enter into an agreement before any grant funds can be expended.

Section 3 - Contract Research Agreements

Contract Research Agreements are to be used when ECU agrees to work with or for another academic institution, industry partner or other collaborating organisation to undertake a research project, generally with each party contributing financially and/or in-kind.

The following templates are available for Contract Research Agreements:

Please contact us if you require one of the following template agreements:

  • Research Agreement - Collaborating Organisation; and
  • Joint ownership of Project IP

Section 4 - Staff and Student IP and Confidentiality Deeds

Deeds must be signed before the research project commences.

Staff Members

Students

This Deed must not be presented to the student directly, but to their supervisor, with instructions that before the student is asked to sign the Deed or allowed to participate in the project they are:

  • provided with an explanation of the nature of the third party research agreement and are able to raise any questions or concerns;
  • advised that they may speak with the Office of Research and Innovation about the Deed or related agreements; and
  • advised that they may seek independent advice about their own rights.

Section 5- Moral Rights

We have templates covering the two common requirements for a moral rights waiver.

(a) Moral Rights waiver from all research project participants (staff and students)

(b) Moral Rights waiver from all non-participants (staff and students) who have moral rights in the background IP being contributed to the research project

Section 6 - Conditions of use

The following conditions of use must be complied with in the case of research agreements drafted by ECU or by an external party.

  • The schedules to the agreement have been completed and clearly describe what ECU and the counter-party/ies will do, as well as describing the payment details;
  • No amendments have been made to the agreement (apart from the required information in the highlighted sections);
  • You have downloaded and completed the latest version of the relevant agreement from this website; and
  • You have obtained relevant ECU approvals to enter into the agreement and complied with relevant policies and procedures, including ensuring the document is signed by the appropriate signatory per ECU’s Delegation Manual.

Section 7 - Preparation notes

  • Complete the details in the highlighted sections. Do not change any other parts of the agreement unless you consult with the Office of Legal Services.
  • The agreement may be executed in 'counterpart', i.e. each party to sign on a separate original and then those separate originals exchanged.
  • Alternatively, two copies of the agreement can be signed by both parties, so that each party can keep an original copy.
  • The last party to sign the agreement should handwrite the date of execution on page 1.
  • ECU's original copy of the agreement must be sent to Records and Archives Management Services for safekeeping.

When to contact us

Please contact the Office of Legal Services if:

  • any of the conditions of use cannot be met;
  • you or a counterparty require an amendment to the agreement; or
  • you have queries in relation to completing or signing the agreement.
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