University Research Partnerships: 3 Things That Might Not Go to Plan & 7 Questions to Ask

External research partnerships can be hugely valuable for universities, bringing together expertise, funding, and resources to achieve something that neither party could necessarily do alone. However, once research is underway, what began as a straightforward collaboration can become unexpectedly complicated.

Questions can arise around the scope of the project, responsibility for risks and who owns what. So, before signing on the dotted line, what could universities find themselves dealing with that they hadn't bargained for?

1. When the research scope starts to creep

Despite agreeing to collaborate on a defined research project, lines can become blurred as it progresses. It could be that the research expands into another, unaddressed area or additional work needs to be performed by an external partner. Timetables can change for all sorts of reasons. We all remember the Covid-19 pandemic as a classic example of disruption.

Individually none of these changes seem unreasonable but collectively, the university could find that the project has evolved into something quite different from what was originally agreed.

2. When the division of responsibilities becomes unclear

A research partnership might initially appear to have negligible risk but there can be grey areas, and one size doesn't fit all. Some projects will involve sensitive or commercially valuable research. Confidentiality and regulatory requirements also need to be assessed.

If something goes wrong, lines of responsibility need to be clear rather than allowing assumptions to fill the gaps.

A robust partnership needs to account for:

• responsibility for data;

• confidentiality;

• regulatory requirements;

• third-party involvement;

• liability if something goes wrong.

3. When valuable intellectual property (IP) needs protection

While many collaborations will generate new intellectual property, some may focus on validating existing ideas or data.

Each party may also bring background IP to the table. So, it's vital to establish who owns what and how newly generated data will be managed, particularly after research concludes.

Considerations include:

•             publication rights;

•             practical use of results;

•             commercialisation;

•             licensing;

None of these issues necessarily mean a research partnership is bound to go wrong but are clearly worth thinking about before the project gets underway.

Before signing a research partnership agreement, it's worth asking:

1.        Is the scope of the research clearly defined?

2.        Who is responsible for what?

3.        Where does liability sit?

4.        Who owns the IP?

5.        What can each party do with the results?

6.        What happens if the project changes?

7.        What happens if the research produces something neither party expected?

Robust contracts should cover all eventualities up front so the researchers can concentrate on bringing their valuable expertise together.

This is a classic scenario where an ounce of prevention is worth a pound of cure!

About us

Here at Claric Legal Services we specialise in providing legal support to universities, with a particular focus on contracts.

We offer a flexible service charged by the hour and can manage agreements from beginning to end. This makes us a perfect resource for universities to draw upon in times of peak workload, sickness, or long-term leave.

If you'd like to have a chat, please contact Richard Jenkins on 024 7698 0613 or richard@clariclegal.co.uk  Look forward to hearing from you.

Disclaimer: This blog is for general information only and isn’t legal advice. For guidance tailored to your situation, please consult a qualified legal professional.