Commercialization Process

Privately Funded Research and IP

Privately funded research is where the resources are supplied by private industry / Firm or organizations:

Contract research:

Research which is conceived and funded by industries to provide a solution to a specific problem

Sponsored research:

Where a university conceives a research project and prepare a proposal for funding and where the funding agency is not directly a beneficiary of the research results

Collaborative research:

Research collaboration between a public university and private research unit of an enterprise or private organization

Different Types of Research Collaboration contracts

  • Contract research agreement
  • Collaborative research agreement
  • Consulting/know how Agreement
  • Material transfer agreement (MTA)
  • Confidentiality agreement (NDA)
  • Participation agreement
  • Licensing agreement

Non Disclosure Agreement (NDA)

  • Known as “confidentiality agreement”, any information disclosed to another party.
  • NDAs prevent third parties from using the information disclosed without the permission.
  • NDAs are often exchanged before licensing negotiation
  • Companies often request researchers to sign NDAs before entering research contracts

NDAs does not apply to:

  • Information in the public domain
  • Information already possessed by the recipient
  • Information disclosed to the recipient through legitimate means

Material Transfer Agreement (MTA)

  • Contracts that govern the transfer of physical assets,
  • Typical materials are biological materials (reagents, cell lines, plasmids, and vectors) that are transferred for the purpose of research or commercialization
  • Chemical compounds
  • MTA ensure transfer of possession but not legal title
  • Confidential information
  • IP rights
  • May require recipient to assign or license inventions back to the provider
  • Complicated negotiations
  • Warranties
  • Liability and/or indemnification
  • Publication
  • Review permissible, prohibition is not
  • Governing law
  • Termination