Bundesministerium für Wissenschaft, Forschung und WirtschaftBundesministerium für Verkehr, Innovation und TechnologieNational contact point (NCP)Austria Wirtschaftsservice

Is it obligatory to use standard contracts for example in negotiations between universities and enterprises?

No, it is not obligatory to use standard contracts. They shall constitute an offer to reduce the negotiation time in case of common agreement.

Are the standard contracts or the access to the online manual free of charge?

Yes. It is the aim of the IPAG project to remove obstacles in technology transfer by providing relevant information and standard contracts. The use is free of charge.

On the entry page I can choose between “Download Standard Contracts” and “Extended Access Standard Contracts” - what is the difference?

The standard contracts are available in three different versions. Those users who just need a simple standard contract can directly download it under “Download Standard Contracts”. “Extended Access Standard Contracts” opens an online manual. Here all three versions of the standard contracts are separated in clauses with legal comments. You can also download all types of standard contracts from this manual.

When I click on “Extend Access Standard Contracts”, a login page opens. Do I need a login to gain access to the standard contracts?

There are two types of logins, Guest Login and Expert Login. The Guest Login does not require any login data and offers full access to the complete online manual with all standard contracts including legal comments. The Expert Login requires username and password and offers additional editing options for the individual use of the standard contracts which can be useful for frequent users. If you would like to get your free personal login data, please contact ipag@awsg.at

What is the difference between “standard contract”, “extended standard contract” and “suggestions business partners”?

“Standard contract”: basic version, simple pattern with only a few options, for print and use without major amendments. “Extended standard contracts”: text sections in turquoise show additional clauses. Those extended samples include all options and alternatives. “Suggestions business partners”: Those samples were inspired by modification proposals and amendments from business partners with all their expertise. Optional clauses commented by business partners after submission of the extended versions are marked in green.

Which of the three versions is the best choice for small and medium enterprises (SMEs)?

For smaller projects (small number of working hours resp. of financing) the standard contract will be sufficient. In any case, to clarify if among the numerous options some of the single clauses cover the individual case and might be worth adding, we recommend having a look on the “extended standard contract” (marked in turquoise) and “suggestions business partners” (green).

Is it possible to modify the standard contracts for my individual needs?

The standard contracts are based on frequently used conditions with the purpose to assist the user. You might want to adapt these standard contracts to customize them to satisfy both contract parties. If you forward modified IPAG standard contracts, please inform the recipient that those are adapted versions of the IPAG standard contracts.

Do the standard contracts replace an extensive legal assistance?

The contractually agreed conditions constitute the basis of a business relationship. Therefore a final review by a law expert is essential.

Are the standard contracts only useful for cooperations between universities and enterprises?

No, standard contracts are also applicable between private companies and private persons. But furthermore, they also reflect the particular context of public funded universities. Thus, maybe not all clauses as a whole are necessary for usage between private enterprises. In any case, the various optional clauses constitute a rich source of information about which points can be regulated and should be used in a certain case.

In the “Extended Access Standard Contracts” online manual I find English versions of the standard contracts. As an enterprise, is it possible to use these samples also in negotiations with foreign universities?

With international contracts it is useful to determine the law under which the contract shall be applied. The IPAG standard contracts (also the English translations) refer to Austrian legal practice. If foreign law is used (especially in English-speaking countries) you might want to involve experts.

How can I export one single clause or a complete contract?

When clicking on “Download Standard Contracts” on the IPAG entry page you can directly download the standard contracts in the standard version as Microsoft Word file or as pdf document. When using the online manual (Extended Access Standard Contracts) you can download the displayed clause, the particular contract sample, the standard contract with chosen alternative clauses (extended standard clause or suggestions business partners) or the standard contract including all alternative clauses, simply by clicking on the disk symbol. It is also possible to print them (choose print and the documents requested). Printing is also possible for legal side comments (symbol on the right).

Why do I have to tick check boxes in some versions of the clauses?

For downloading and printing it is necessary to tick check boxes. Optional clauses show the different interests of universities and business partners. To save or print the standard contract or standard clause, you need to choose for every point the requested version (“extended standard contract” or “suggestions business partners” by ticking the check box.

What is the meaning of the different background colours in certain clauses?

Optional coloured text sections provide guidance on the sources of the alternative clauses that the user might choose in the contract. They show the different points of view and interests of the experts (business partners, public research organisations and universities).

Is it possible for me to create my own personalized contract by using different types of the clauses?

This is possible when using “Extended Access Standard Contracts” in the online manual. For each contractual item you can choose either the version “extended standard clause” or “suggestions business partners” by ticking the check box. The customized version is available when clicking save and print.

Why do I have to install the browser plug in Silverlight?

Accessing the online manual via “Extended Access Standard Contracts” requires the installation of Silverlight plug in. Silverlight is available for Windows and Apple Macintosh and is free of charge for Internet Explorer, Mozilla Firefox, Opera, Google Chrome and Safari. For Linux users, Novell provides Moonlight (by courtesy of Microsoft)

Is it possible to access the standard contracts via mobile phone or tablet?

Yes, you can download the standard contracts also from your mobile browser via “Download Standard Contracts”.The extended options in the online manual require Windows or Mac System with included Silverlight (which can be easily added).

How do I go back to the IPAG homepage from the online manual (“Extended Access Standard Contracts”)?

You can go back from the online manual to the IPAG homepage by clicking on the BACK button top left in picture.

What is the meaning of the five stars underneath the section “clause text”?

Users are free to leave their feedback on the single clauses by clicking on the stars and adding a comment. Those user experiences are very useful to us for future amendments.

I have a proposal for modification resp. an addition to a certain clause – is it possible for me to change it myself?

Every application of the standard clauses requires amendments according to the personal needs. In case these amendments have proven to be useful and are even of possible value for other users, we are glad to receive your feedback. Making changes of the online version is not possible for users.

What is the “Best Practice Guide for Spin-Offs”?

We intend to create a Best Practice Guide for Spin-Offs from public research organisations together with external experts in order to summarize the different points of view from public research organisations, founders, future investors and funding organisations. The guide is about defining issues and developing solutions to provide legal certainty for all parties involved. This part of the IPAG project will be available in the course of 2015.

Why a glossary?

The glossary lists the terminology of the technology terms with their conceptually-factually definitions to guarantee the correct use of the technical terms and their meaning.

What if the section “clause text” is empty?

It could happen, while working in the online manual “Extended Access Standard Contracts” that there is no clause appearing in the field “clause text”, even though you clicked on it. This is a bug we are currently working on. As a first solution, log off and back on after 15 minutes has proven successful.

What if I have any further questions?

For any questions, please contact ipag@awsg.at, we will get back to you as soon as possible.