Project Agreement template

Due to the structure of the Centre’s established governance framework under its funding agreement with the Australian Government, and its Collaboration Agreement between Participating Organisations, it was important for prospective Research Participants to understand all the terms of the Project Agreement, including the key terms outlined below.

NCEDA Project Agreement template (0.5 MB PDF)

Project-generated IP was owned by the NCEDA

The Centre had a robust intellectual property (IP) management framework governed by its funding agreement with the Australian Government and its Collaboration Agreement between Participating Organisations. IP generated in a project (Project IP), and improvements to Background IP contributed to the project, was referred to as Centre IP and was vested in the Administering Organisation on behalf of the Centre and its Participating Organisations (see Project Agreement cl. 9).

The Commonwealth and Centre Participating Organisations had limited rights to use Centre IP for internal research purposes (see cl. 8(b) (ii) and (iii), and 9(d)).

A non-exclusive licence was required for all Background IP contributed to the project

The Centre required a non-exclusive licence for all Background IP necessary to undertake the project and to commercialise Project IP (see cl. 8). Research Participants retained ownership of Background IP.

Student participation required a deed of assignment

Each Participating Organisation had to ensure any student involved in a project entered into a deed of assignment prior to the commencement of the project (see cl. 9(b)).

Research Participants and industry support agreements

Organisations making significant contributions or providing Background IP had to be parties to the Project Agreement, and were referred to as Research Participants. Other organisations were engaged through industry support agreements with the Centre.

Cash contributions flowed through the Centre

Any cash contributions from Research Participants that did not flow through the NCEDA for the purposes of the project were treated as in-kind contributions.

Pre-publication review

Research Participants had the opportunity to review publications before they were submitted for publication. Subject to confidentiality and commercial considerations, the Centre did not unreasonably restrict the publication of project outcomes by project participants (see cl. 13).

Commercialisation process

Through the Centre’s Commercialisation Advisory Committee, the Centre worked with Research Participants to explore and realise appropriate commercial opportunities. Ultimately, all decisions related to commercialisation were made by the Centre under advice from the Committee and in consultation with Research Participants (see Collaboration Agreement cl. 16).

Revenue shares from commercialisation

Any revenue arising from the commercialisation of IP developed in a project was split equally between the Centre and each Research Participant. Contributors of Background IP licensed to the project received an additional share (see Project Agreement cl. 10).

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