Skip to content | Change text size
 

What to do if Successful: Partner Organisation Agreements

Template ARC Linkage Projects Partner Organisation Agreements

Explanatory Notes for 2010 ARC Linkage Grant template Agreements

1. This page contains links to 3 template Agreements for the 2010 ARC Linkage Grants.  Two are for Research Agreements and the other is for a Student Deed.

2. The 2010 ARC Funding Rules require the University to have a written and signed agreement with a Partner Organisation BEFORE a Project commences.

3. The same template Research Agreement can be used to deal with a Project that involves both Partner Organisation(s) and Collaborating Organisation(s).  A Partner Organisation is generally an industry partner and a Collaborating Organisation is generally another University.

4. The terms of the template Research Agreements can be negotiated with the other parties HOWEVER they set out Monash's preferred position.

5. PLEASE NOTE: In addition to entering into a Research Agreement with the Partner Organisation(s) and Collaborating Organisation(s), any student involved in the Project should sign the 'Student Deed'. This Deed transfers any intellectual property created by the student under the Project to the University (excepting copyright in the student thesis) and also imposes non-disclosure obligations on the student regarding Project material.

Link to Student Deed

6. There are two versions of template Research Agreement provided:

  1. Commercial Research Agreement:
    This is based on the Research Agreement above but is for use where commercial outcomes are more likely. In this version the Partner Organisation is given exclusive rights to commercially exploit the project outcomes.
  2. Non-Commercial (Public Sector and Not for Profit) Research Agreement:
    This has been developed in conjunction with the Go8 universities and is to be used for public good projects where commercial outcomes are unlikely or not expected.

Note: The main difference between the two version of Research Agreements is to do with the intellectual property and publication provisions, which are summarised below.

Commercial Research Agreements

  • Background IP remains with the parties providing it;
  • Monash owns Project IP (except for copyright in student theses);
  • The Collaborating Organisation is able to use the Project IP for internal research purposes;
  • Monash grants the Partner Organisation an option (exercisable during the Project and within 12 months after completion of the Project ) to take up an exclusive licence to exploit the Project IP in the field described in the Agreement and on terms to be negotiated in good faith - NOTE: THIS TEMPLATE CAN ONLY BE USED WHERE THERE IS ONLY ONE PARTNER ORGANISATION - IN ALL OTHER CASES YOU WILL NEED TO CONSULT THE USO FOR ASSISTANCE IN DRAFTING AN ALTERNATIVE AGREEMENT;
  • Even if the licence is granted to the Partner Organisation, Monash is permitted to use the Project IP for research and educational purposes and the Collaborating Organisation is able to use the Project IP for internal research purposes;
  • Publications by any party (including Monash) are to be submitted for approval to each other party (possibly via the Project Management Committee) for approval with each party, acting reasonably, only being able to request amendments in respect of confidential information or commercially senstive Project IP, and failure to respond within 21 days is deemed approval.

Commercial Research Agreement (pdf 273kb)

Non-Commerical Research Agreement:

  • Background IP remains with the parties providing it;
  • Monash owns Project IP (except copyright in student theses);
  • Monash grants the Partner Organisation a non-exclusive licence to use the Project IP for internal non-commercial purposes;
  • Monash grants the Collaborating Organisation a non-exclusive licence to use the Project IP for teaching and research purposes;
  • The licences granted to the Partner and Collaborating Organisations are subject to the publication restrictions as follows;
  • Publications by any party (including Monash) are to be submitted for approval to each other party (possibly via the Project Management Committee) for approval with each party, acting reasonably, only being able to request amendments in respect of confidential information and failure to respond within 21 days is deemed approval.

Non-Commercial Research Agreement (pdf 282kb )

When you have been successful

The Monash Research Office will send you a memo detailing the next steps, including:

  • Completion of the Acceptance Package
  • Further advice on the process for completion of the Research Agreement
  • Arrangements where funds are to be split between Departments/Schools/Faculties within Monash.

 

  
Successful Application?