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.

 

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.

 

As an enterprise, is it possible to use the English standard contract versions 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.

 

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).

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.