Universities have unique technical expertise and equipment that industry partners may wish to access to support their own research needs.
Buying technical (consulting) services accesses expertise that the university has already developed and does not require the university to carry out new inventive research. The services are distinct from a research collaboration where the industry partner is specifically collaborating with a university to investigate new ideas and develop new IP.
On this page:
Is my project the provision of a technical (consulting) service or is it a research collaboration?
The provision of technical (consulting) services involves an industry partner accessing expertise at the university, for example, to help a company test their product with the work specified by the company. The output for the work is often a written report. This type of interaction is also sometimes referred to as contract research.
A technical (consulting) service may be provided on full commercial terms, in which case the recipient of the services would expect more guarantees in terms of the delivery of the service and would have exclusive use of the results. Technical (consulting) services can also be provided as part of a wider relationship, for example, to a spin-out company that needs to access expertise from the university during its start-up period, or to a company as a follow on to a research collaboration. In return for a more flexible fees structure, the company would still expect to own the results, but the university would expect to retain rights, such as use of the data in publications.
It is important that the parties assess and agree whether their project is the provision of a technical (consulting) service or is a collaborative research project. This is important as the different arrangements need very different approaches to how a project is structured and managed, IP ownership and rights to use the outcomes of the work, and risks/liabilities.
A collaborative research project involves:
- both parties being involved in planning the project and in deciding on the research plan
- the university, or both parties, contributing their intellectual property (Pre-existing IP) and proprietary materials to deliver the project
- investigative research where the end result is not known at the outset but could lead to a new process or product or just scientific knowledge. This research may make use of only university personnel and facilities, or could also involve research at the company partner
For further guidance on collaborative research projects and to access the respective templates, please see the Developing IP through Collaboration guidance pages.
Accessing Equipment
Industry partners or universities may wish to access equipment from the other party for use on a specific project or to test its applicability for a particular purpose. An Equipment Licence Agreement is provided for these purposes.
The Equipment Licence Agreement template is intended for use where there are low risks in relation to the equipment. Further assessment of risks should be undertaken where an improper use of the equipment poses significant environmental or health and safety risks.
Key Considerations
A guide, with a key considerations table, is provided on the individual template pages to help the parties appreciate the key considerations that each will have when completing either of the two template agreements. Additional plain English guidance on the meaning of key clauses is provided in a separate annotated version of each template.
For organisations, particularly SMEs, that have not previously been asked to enter this type of agreement, the tables will help you understand what the key provisions are and what you need to think about before entering either of these agreements with a university.