The Sponsored Research Agreement is a crucial document used when an organization (sponsor) wishes to fund research activities conducted by a research institution in South Africa. This agreement type is essential for establishing clear parameters around research projects, ensuring compliance with South African legislation including the Intellectual Property Rights from Publicly Financed Research and Development Act, Protection of Personal Information Act, and relevant research regulations. It details the research scope, funding mechanisms, intellectual property rights, publication procedures, and confidentiality requirements. The agreement is particularly important in contexts where research outcomes may have commercial value or public benefit, requiring careful consideration of IP ownership and exploitation rights within the South African legal framework.
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1. Parties: Identification of the sponsor and research institution, including their legal details and representatives
2. Background: Context of the research project and the parties' intentions to enter into the agreement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Scope of Research: Detailed description of the research project, objectives, and deliverables
5. Duration: Term of the agreement, including start date and end date
6. Financial Provisions: Details of funding, payment schedule, and financial obligations
7. Research Team: Identification of key researchers, their roles, and responsibilities
8. Intellectual Property Rights: Ownership and rights to IP created during the research, compliant with SA IP laws
9. Confidentiality: Protection of confidential information shared during the research
10. Publication Rights: Terms governing the publication of research results and academic papers
11. Reporting Requirements: Schedule and format of progress reports and final research reports
12. Compliance with Laws: Obligations to comply with relevant laws, regulations, and research ethics
13. Warranties and Indemnities: Representations, warranties, and indemnification provisions
14. Termination: Circumstances and procedures for early termination
15. General Provisions: Standard clauses including notices, governing law, dispute resolution
1. Equipment and Materials: Used when specific research equipment or materials are provided by either party
2. Student Involvement: Required when students will be involved in the research project
3. Background IP License: Needed when parties need to use each other's pre-existing IP
4. Commercialization Rights: Include when there's potential for commercial exploitation of research results
5. Data Protection: Required when research involves processing personal information
6. Export Control: Include for research involving controlled technologies or international collaboration
7. Third Party Rights: Needed when third parties have rights in the research or its outputs
8. B-BBEE Provisions: Include when relevant for South African sponsorship arrangements
1. Research Proposal: Detailed description of the research methodology, timeline, and objectives
2. Budget: Detailed breakdown of research costs and allocation of funds
3. Payment Schedule: Timeline and conditions for release of research funds
4. Key Personnel: CVs and qualifications of principal researchers and key team members
5. Background IP: List of relevant pre-existing intellectual property rights
6. Equipment Schedule: List of equipment to be used or purchased for the research
7. Reporting Templates: Standard formats for progress and financial reports
8. Ethics Approvals: Copies of relevant research ethics committee approvals
9. Publication Procedure: Detailed process for review and approval of publications
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