The Unified Consortium Agreement : Main Issues Richard Tomlin Centre for Higher Education Research University of Newcastle, UK Tel: +44 (0) Fax: +44 (0)

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 Industrys 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