Standard contracts are samples for contractual design in the field of technology transfer, built in cooperation between universities and experts in that area.
Essential aspects in standard contracts display the specific requirements of universities upon contract conclusion in the field of technology transfer. Already upon drafting; the standard contracts took into account the requirements of the business partners, based on previous experiences of universities in negotiation with business partners.
Standard contracts have been built in cooperation with legal departments of the universities and legal advisers. The user can expect the standard contracts as well as the single clauses to be in line with Austrian and European law and the specific formulation of the aspects to be regulated to comply with common standards. Also the user can expect the single aspects within the standard contracts to be aligned so that an individual modification may not be necessary.
You find instructions on how to use standard contracts, clauses and options also in the corresponding manual. Here you also find general comments on, anti-trust law and other legal frameworks which the user should at least be aware of.
When using the standard contracts, the user always needs to make sure that the single clauses actually cover the individual circumstances they intend to have contractually settled. Therefore in most cases it is not possible to simply copy the standard contracts as a whole but the user needs to adapt them according to their individual situation. Using an alternative clause in a standard contract often requires changes also in other contractual items. For these amendments we recommend to take advantage of legal advice to ensure the creation of a contract that is legally clear and reflects both parties in order that none of the parties has any reason to raise objection in the future caused by incomplete or ambiguos wording.
The single provisions in standard contracts serve as inspiration for a possible contract design or just as a checklist for certain conditions in need for regulation. For a specific contract realisation we recommend to ask for legal assistance.
Unlike standard contracts, sample clauses serve the purpose of outlining the different use and formulation of certain subjects. The user may not under any circumstances consider the linking of individual sample clauses a complete and comprehensive contract. For a concrete drawing up of such a contract we strongly advise to seek legal assistance.