Collaboration agreement
Collaborate securely
Collaboration between several innovative players, pooling their technologies and know-how, can be a source of future conflict.
The collaboration contract protects each party by framing the relationship and preventing disputes.
Frame collaborative innovation projects with your partners to innovate together simply.
What is a collaboration contract?
Key elements of the collaboration contract :
Study definition: Clarify the objective of the collaboration and the specific tasks of each party.
Place of performance : Specify where the work will take place, in the laboratories or premises of which party.
Duration and financial terms : Determine the duration of the collaboration (fixed or open-ended) and who pays for what.
Intellectual property: Regulate access to each party’s prior knowledge, exploitation of the results, ownership of the resulting intellectual property rights, and patent filing procedures if the innovation is patentable.
Breach of contract: Specify conditions of breach, notice periods, and foresee cases of force majeure.
Applicable law and competent court: particularly if your partner is not of the same nationality as you, it is important to anticipate which law will apply in the event of a dispute, and which court will have jurisdiction.
Why must a collaboration contract
be drawn up by a professional?
A poorly drafted collaboration contract could be requalified as a contract for the provision of services or a contract of employment,
which could have unexpected legal and tax consequences.
Advantages of a well-drafted contract :
Tax credit for collaborative research :
The 2022 Finance Act offers a tax credit (the CICo) for collaborations between a company and a research and knowledge dissemination organization (ORDC, such as a university) entered into between January 1, 2022 and December 31, 2025. This credit represents 40% of invoiced expenditure (50% for SMEs), with a ceiling of €6 million per year.
Clear distribution of rights :
To benefit from this credit, the collaboration contract must clearly allocate responsibilities, costs and intellectual property rights between the partners.
Why choose YesMyPatent?
At YesMyPatent, we support our customers in the negotiation of their collaboration projects, including the drafting of tailor-made collaboration contracts. We ensure that every legal aspect is covered, guaranteeing the security and clarity necessary for a successful collaboration.
