Intellectual Property (Contracts Officer- WMS) RSS Contracts Process & Intellectual Property Navdeep Bains (Contracts Officer- WMS)

FP14 Process for Contracts FP14a,(Initial acceptance of work and price) Draft Contract issued Negotiation Period (Agree final price, scope of work and terms)- Requires your input FP14b, (Post Negotiation/ Pre signing and acceptance of an Award Acceptance of terms and risks Authorised signatories of awards Director or Deputy Directors of RSS, Registrar, Finance Director Academics or Researchers cannot sign FP14c, Declaration of Ethical compliance

Under Recovery Process Unless it is Funder’s rules funding should be 100% FEC plus Case for support Supported by Head of Division Memo via RSS highlighting terms Approval by Deputy Vice Chancellor via Director of RSS. Delay in process

My role Responsible for all WMS research contracts Types of Agreement: Confidentiality Agreements Material Transfer Agreements Collaboration Agreements, Consortium Agreement Research contracts Sponsorship Agreements Site Agreements Studentships KTP Agreements Sub-contracts Amendments/Variations/Extensions, MOU’s

My role Drafting, reviewing and negotiating contracts Preparing costings and pricings Attending meetings Ensuring compliance with governance requirements Dealing with issues that arise during the project life Support Research Development Team with Grants .

Purpose Manages Expectations What do the parties want to achieve/get out of the collaboration? Scope of Work Delivery – start and end dates Budget & Payment Don’t over sell – be realistic!

Commercial grants / contracts, Do’s and Don’ts Talk to your RSS when thinking of approaching or discussing research proposals Establish what funding is on offer. Is your project financially viable given University policy on cost-recovery? Provide RSS with the necessary information (scope of work, dates, funder & costing details etc). Obtain a appropriate contracts/advice guidance from RSS Don’t: Talk to companies, and share any of your or other peoples ideas without an NDA Quote a price without obtaining a realistic costing from RSS Sign anything!

What is Intellectual Property? Most negotiated section of the agreement What is covered not just exploitable IPR Defined within the agreement Invention, patents Copyright, software Design Rights Registered Trademarks Know-how Information, data, the reports, methodology everything that comes out of the research. IP is everything that is not in the public domain

Types of IP Patents protects the invention- how it works, what makes it work, the elements that make up the invention Trade marks are signs (like words and logos) that distinguish goods and services in the marketplace. Designs protect the appearance of a product/logo, from the shape of an aeroplane to a fashion item. Copyright is an automatic right which applies when the work is fixed, that is written or recorded in some way. Confidentiality/Trade Secret e.g. the Coke Cola recipe. Know-how is what you know, experience, training etc.

Types of IP continued… IP is generally split into two categories: - Background IP : each party owned before the work started created independently Ownership of background remain with the party bringing it into the project Remember IP created in one project may become background to another project.

Foreground IP IP created during the course of the project Ownership is not the same as inventorship Ownership can be transferred Always retain a research and teaching licence (Charities Act) Think, is this enough? What do you want to do in the future? Sponsored research

Third Party IP Third type of IP IP belonging to a person not party to the agreement Collaborator Company (questionnaires, survey etc.) Funders (IP you created by ownership was given away) What rights do you have to this IP?

Making the most of this support… Involve me as early as possible Keeping me informed Provide me with the required information Make the most of my experience Following the process avoids delays

Update on support available From the 1st July 2013 two contracts officer will be supporting WMS: Navdeep Bains Health Sciences Clinical Trials Unit Philip Ryan Biomedical Cell Biology Mental Health and Wellbeing Metabolic and Vascular Health Microbiology and Infection Reproductive Health

I’m here to help… Monday, Tuesday, Wednesday and Friday – based in University House, Ground Floor Annex Thursday – based in Warwick Medical School N.K.Bains@warwick.ac.uk 024 7615 0709 (x50709) http://www2.warwick.ac.uk/services/rss/

Any questions?