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1. Introduction
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… IP, including: Collaborative research – when the parties are working together to develop new technology solutions or … party agrees to sell its IP to another party The Framework also provides agreement templates for parties to consider … guide explaining the key legal terms. The agreements are government-endorsed and have been drafted through …
2. General Principles
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… better understand each other’s positions, and reach agreement more quickly and at lower cost Fixed agreements for lower-risk transactions which can help speed … can be the starting point for the parties to reach a final agreement (Standard Track) Plain English guidance documents …
3. How do you want to work together?
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… guidance will help you navigate the IP Framework. Early discussions with your potential partner are the key to reaching … each party will have and help to structure those discussions. … 3. How do you want to work together? … If you are … guidance will help you navigate the IP Framework. Early discussions with your potential partner are the key to reaching …
New evidence rules for Child Care Subsidy additional absences
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… changes to the types of evidence families can show to get additional absences for COVID-19 reasons. … New evidence rules for Child Care Subsidy additional absences … To access …
4. Individual Pathways Guidance
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… This section of the guide provides you with information on each of the five commercialisation pathways that the HERC IP Framework encompasses. This … will help you understand which pathway is relevant to your needs, the important factors that you need to …
4.1 - Identifying & Protecting IP
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… Within the HERC IP Framework, two Accelerated track agreements are provided to help you protect your IP in … with your commercialisation partner: Mutual Confidentiality Agreement – for protecting your ideas and unpublished IP in … with a potential collaborator on a research project. The agreement covers information disclosed to the external party …
4.2 - Developing IP through Collaboration
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… Collaborative research between universities and government organisations or industry plays a critical role in the … Collaboration Agreement Sources of further information IP Australia provides further guidance that you may find …
4.3 - Providing Services and Equipment
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… during its start-up period, or to a company as a follow on to a research collaboration. In return for a more … Agreement template is intended for use where there are low risks in relation to the equipment. Further assessment … agreements. Additional plain English guidance on the meaning of key clauses is provided in a separate annotated …
4.4 - Licensing IP
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… 4.4 - Licensing IP … What is a licence? An agreement under which the rights to use IP are … further background information on licensing please see: IP Australia’s guide to licensing WIPO’s publication - …
4.5 - Selling IP
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… that can be bought and sold. An IP assignment is a written agreement to legally transfer ownership of IP from one party … the previous owner will give up its control. An Assignment Agreement generally does not include the grant back of any … Assignor should consider the need for a separate licence agreement to grant back certain rights to use the IPR (for …
5. Individual Template Guides
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… This section of the guidance provides you with information on … need to consider when using each template agreement. … 5. Individual Template Guides … 5.1 - Mutual Confidentiality … need to consider when using each template agreement. … 5. Individual Template Guides …
5.1 - Mutual Confidentiality Agreement
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… keep the information confidential Often this will be 5-7 years, although longer periods may be appropriate in some …
5.2 - Material Transfer Agreement
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… physical materials between two parties, for example for a company to test before entering a further research or … The agreement is also suitable when one of the parties is a Commonwealth Entity. Whilst it will often be the University … the end of the Agreement The Transferor would not normally get the Material back at the end of work, so if this is …
5.3 - Accelerated Research Agreement
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… risk research and development projects between a collaborator and a university. … 5.3 - Accelerated Research Agreement … otherwise be costly and time consuming for both parties. However, if the risks in the project are high and/or … need to take their own tax advice with respect to the tax status of the funding Ensure all costs and contingencies in …
5.4 - Standard Research Agreement
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… agreement with the collaborator as part of a long-term strategic partnership When is a project higher risk? … a foreign entity? is the project complex (for example, in terms of the technical work being performed)? does the … that are on an arms-length basis i.e. agreements at market rates and not on favourable terms, for example to a …
5.5 - Multi-party Collaboration Agreement
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… for the Project and any associated obligations Ensure all costs and contingencies in the research are covered through … State/Territory, ensure you are aware of any additional costs/obligations that agreeing to another State or … State/Territory, ensure you are aware of any additional costs/obligations that agreeing to another State or …
5.6 - Equipment Licence Agreement
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The Equipment Licence Agreement is for a party to access equipment from another party for a specified use and time period, for example when a company wishes to use equipment owned by the University for a specific project on its premises.
5.7 - Technical (Consulting) Services Agreement
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… as being routine (not involving research), clearly defined, low impact and generally of low to medium risk The industry … from the template. Additional plain English guidance on the meaning of key clauses is provided in a separate annotated … off entity or affiliate (for example, under the Australian Economic Accelerator Program) Ensure any additional rights …
5.8 - Accelerated Licence Agreement (inc low risk Commercialisation)
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… the life of any registered IPR or a defined number of years for copyright or software licences Clarity over how … needs to be kept confidential. Often this will be 5-7 years, although longer periods may be appropriate in some …
5.9 - Licence Agreement (Non-exclusive Commercialisation)
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… A licence agreement for an IP owner to licence IP Rights (IPR) (including … Commonwealth Entity. The template assumes both parties are Australian entities. If you wish to use the template for a … for The geographical territories of the licence e.g., Australia Ensure that the licence is to those application …