An important part of the IP provision is what the agreement actually promises with respect to licensing or “subsidy.” Normally, the parties enter into a research cooperation agreement in order to gain access to the discoveries resulting from the cooperation project. Please note that this model of agreement is only intended as an illustration. It contains conditions representative of a basic agreement on cooperation in the field of research and which contain provisions relating to the transfer of material, but any such agreement is subject to amendments based on the unique aspects of any cooperation. The first one is pretty well written. It clearly explains the objective. From this clear statement, most readers will have an idea of what the agreement wants to achieve. Another aspect of the general provisions includes confidential information, sometimes confidential business information or BIBs. It is important that the cooperation agreement distinguishes between two types: (1) the confidential information that a party brings to the project and which precedes the agreement and (2) the confidential information generated by the agreement and generated by the parties during the cooperation and the carrying out of project experiments. A cooperation agreement should define how the two types of information will be handled by the parties. The fourth part of a well-written cooperation research agreement is the budget. There is a tendency to view this as the most important part, as it documents the funding that the parties contribute.
However, this is an inappropriate emphasis. While public sector agricultural research is grossly underfunded and, therefore, the funds obtained by cooperation partners have an extremely important place in the overall research budget, collaborative research should never be seen primarily as an opportunity for revenue growth. Cooperation is much more than that. The focus solely on research funding misses the use of the agreement as a means of transferring technology and a means of creating an intellectual synergy that could be formed when researchers work together.