The Berlin contractual model The Berlin contractual model distinguishes between research cooperation and contract research. In contract research, the industrial partner is entitled to comprehensive rights to the inventions made. In a research cooperation a distinction must be drawn between industrial partner results, joint results, and university results. The allocation and rights to the inventions are then handled according to the university’s percentage of the invention. This necessitates highly laborious differentiation.
The practical impact of contract models The Hamburg contractual model can be viewed as a model for simplified structuring of the cooperation between an industrial partner and a university. However, advance assignment of all research results can lead to a situation in which the industrial partner is required to pay compensation even for inventions for which he has no use. The Munich contractual model is used very conservatively by industrial firms. Alongside the fact that the rights must be acquired subsequently, cumbersome for industrial firms. This model carries a certain amount of potential for conflict with regard to license rights to be agreed upon subsequently. The Berlin contractual model is the most balanced model, but allocating the results is time-consuming and difficult to manage. In addition, this model does not ensure that the industrial partner only acquires and is obligated to provide compensation for those inventions that are of use to it.
Conclusion A sample contractual model is thus only suitable for use as a starting point in any case, since it is unable to accommodate all interests in all situations. In all cases, the interests involved must be weighed comprehensively, along with an individual consideration of the cooperation in question and of the industry. These factors must be individually considered in the drafting of the contract.
Dieser Artikel ist erschienen im Special Industrial Biotechnology Vol.4 des GoingPublic Magazins.