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

2. 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

3. 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

4. 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

5. 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 .

6. 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!

7. 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!

8. 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

9. 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.

10. 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.

11. 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

12. 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?

13. 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

14. 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

15. I’m here to help…
Monday, Tuesday, Wednesday and Friday – based in University House, Ground Floor Annex
Thursday – based in Warwick Medical School
(x50709)

16. Any questions?