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The Unified Consortium Agreement : Main Issues

The Unified Consortium Agreement : Main Issues. Richard Tomlin Centre for Higher Education Research University of Newcastle, UK Tel: +44 (0)191 222 6820 Fax: +44 (0)191 222 8170 e-mail: richard.tomlin@ncl.ac.uk http://www.staff.ncl.ac.uk/richard.tomlin. Aims and structure of day.

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The Unified Consortium Agreement : Main Issues

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  1. The Unified Consortium Agreement : Main Issues Richard Tomlin Centre for Higher Education Research University of Newcastle, UK Tel: +44 (0)191 222 6820 Fax: +44 (0)191 222 8170 e-mail: richard.tomlin@ncl.ac.uk http://www.staff.ncl.ac.uk/richard.tomlin

  2. Aims and structure of day • Introduce U-CA • Show how it relates to MC • Discuss issues arising and share experience • content of U-CA • implementation of agreement • invoking new rights

  3. Why do we need a U-CA? • Time and effort involved in negotiation • Universities getting picked off • FP5 MC is imprecise on certain key issues • Need for defined rights inter se

  4. What is the status of the U-CA • Negotiated between ‘academe’ and European IT Industry Round Table. • Recommended (highly!) but not mandatory • Advised (but not approved) by CEC

  5. U-CA Principles • No surprises!! • Balanced interests • Complete • Useable from proposal stage onwards

  6. Project Management • What is the issue? • Who has rights to attend and vote at PCC • How has it been resolved? • PCs only have rights • No distinction whether academe or industry

  7. Access Rights : for the project • What is the issue? • MC sets out minimum position • U-CA consolidates rights • How has it been resolved • automatic grant for project research • always royalty free

  8. Access Rights : for exploitation • What is the issue? • MC requires use (I.e. research or exploitation) • MC allows • exclusivity • payment to partners ‘not generally undertaking commercial activities’

  9. Access Rights: for exploitation • How is it resolved? • U-CA requires notice in advance if these rights are to be invoked - otherwise they are forfeit • rights are granted automatically subject to conditions of confidentiality as set out in U-CA

  10. Access Rights :Further Research • What is the issue? • MC allows possibility of use of results but individual permissions are needed • How is it resolved? • U-CA gives automatic rights for internal use • specifies how to deal with 3rd parties

  11. Access Rights : Research with 3rd Parties • What is the issue? • How can universities use results in subsequent research contracts? • How is it resolved? • ‘hermetically sealed’ is OK • otherwise disclose proposed use in advance to both client and owner

  12. Publication • What is the issue? • MC sets out complicated procedure • How is it resolved? • U-CA clarifies sequence of events leading to prompt publication • protects position of doctoral students

  13. Industry’s Problems • Affiliates • Access Rights for sister companies • Confidentiality • Implementing the provisions of the MC

  14. Issues for Discussion • Getting ink on paper • Pre-contract agreements • Invoking rights • Assistant Contractors’ position

  15. Sources of Information • Background reading - Decision • Key documents - Regulation etc • Web resources - UNITE • Discussion lists - UNITE, Admin-fp5 • Networks - people at the meeting

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