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<\/figure>\n\n\n\nTheory and practice of intellectual property
\u2116 4 \/ 2021<\/p>\n\n\n\n
ISSN (Print) 2308-0361
ISSN (Online) 2519-2744<\/p>\n\n\n\n
![\"\"](\"https:\/\/test.inprojournal.org\/wp-content\/uploads\/2023\/01\/free-icon-pdf-201153.png\"){kind=icon}
PDF (Ukrainian)<\/a><\/div>\n<\/div>\n\n\n\nDOI: https:\/\/doi.org\/10.33731\/42021.243182<\/a><\/p>\n\n\n\n Published \u00a0\u00a0\u00a0\u00a0\u00a02021-10-25<\/p>\n\n\n\n <\/p>\n\n\n\n <\/p>\n<\/div>\n\n\n\n Intellectual property rights in research and development collaboration\/ contract agreements between research institutions, universities and firms: part 1 \u2014 European Union, US<\/strong><\/p>\n\n\n\n Yurii Kapitsa<\/strong> <\/p>\n\n\n\n Abstract It is noted the significant role given in the EU, the USA to the settlement of IP issues in R&D agreements. It is shown, that the development of model agreements in the United States is carried out mainly at the university level. In the EU it is significant the role of the European Commission, national government bodies in the development of the agreements.<\/p>\n\n\n\n The principal provisions of IP regime in the R&D agreements are noted, which include: identification of Background IP and New IP. Granting Background IP rights usually on the basis of a non-exclusive royalty license. Consolidation of New IP rights for academic institutions. Granting New IP rights on royalty-based licences or paid It is noted the importance of possibility of restitution of IP property rights to academic institution if the company does not commercialize the granted IP. Also, of the assignment of IP rights to academic institutions for research and training purposes in cases of granting exclusive licenses and transferring property rights.<\/p>\n\n\n\n The principles of distribution of intellectual property rights and use of research results in R&D agreements are determined, which should be applied in the practice of concluding corresponding agreements in Ukraine. Amendments to the Law of Ukraine \u201cOn Scientific and Scientific-Technical Activity\u201d are proposed to provide for the indication of the types of R&D agreements, as well as the principles of using IP in agreements.<\/p>\n\n\n\n Keywords: <\/strong>research and development contracts, research and development collaboration agreements, intellectual property rights, research organisations, universities<\/p>\n\n\n\n References<\/strong><\/p>\n\n\n\n Material Transfer Agreements. Stanford. Industrial Contracts Office. Overview of Clinical Trial Agreements. Office for Sponsored Research. Northwestern University. October 18, 2019. University and business collaboration agreements: Lambert Toolkit. Intellectual Property Office. Last updated 3 April 2019. Model Clinical Investigation Agreementfor medical technology industry, Primary Care model Clinical Trial Agreement, Model Industry Collaborative Research Agreement, Model Non-Commercial Agreement etc. Model site agr eements. National Institute of Health Research. 2020. Study to support the development and implementation of Innovation Union commitment 21 on knowledge transfer Work Package 2. D 2.1 Overview of existing model agreements; D 2.2 Report on existing model agreements; D 2.4 Final EU model agreements. European Commission. 2014. 157 p.<\/p>\n\n\n\n![\"\"](\"https:\/\/inprojournal.org\/wp-content\/uploads\/2025\/11\/CC-2.png\")
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Ukraine
https:\/\/orcid.org\/0000-0002-9449-8422<\/a><\/p>\n\n\n\n
<\/strong>The practice of regulating intellectual property relations in R&D cooperation agreements \/ R&D contracts between research institutions, universities (academic institutions) and companies in the EU, USA, as well as in the recommendations of international organizations is studied.<\/p>\n\n\n\n
transfer of rights.<\/p>\n\n\n\n
https:\/\/ico.sites.stanford.edu\/mtas<\/a><\/p>\n\n\n\n
https:\/\/feinberg.northwestern.edu<\/a><\/p>\n\n\n\n
https:\/\/www.gov.uk<\/a><\/p>\n\n\n\n
https:\/\/www.nihr.ac.uk\/
documents\/model-site-agreements-model-contracts-standard-research-agreements\/11612<\/a><\/p>\n\n\n\n