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Contract Research Agreements

What is a Contract Research Agreement (CRA)?

These agreements, also known as Research and Development Agreements or R&D Agreements for short, regulate research projects (including subcontracts) for researchers from Marburg University with all third parties (e.g., commercial enterprises), in which the contracting party finances the project on a full cost basis (subject to VAT ) and any publication rights and/or rights to the results of the work of the Marburg University are limited by the contractual partner.

How are such Agreements characterised?

Contract Research Agreements contain a target-oriented, yet open-ended research program which typically necessitate the interpretation of the results / or data by researchers; Marburg University is not liable for nor does it guarantee any concrete project success; neither does Marburg University assume any obligation whatsoever to make the work results economically viable and for the freedom of any (third-party) intellectual property rights; liability claims against Marburg University for research results are excluded as far as possible.

How is Funding regulated?

Remuneration is based on a full-cost basis according to the simplified scheme for the job-order costing following EU guidelines, plus value-added tax. These remunerations are considered as third-party funds according to Marburg University’s allocation formula. 

What about Regulations concerning Intellectual Property (IP)?

The contracting entity becomes the owner of all non-proprietary results obtained. The contracting entity may also be granted the right to purchase from Marburg University any results able of being covered by IP rights at a pre-determined price. This provision, however, is subject to the condition that the external partner undertakes an appropriate increase in that price appropriately should their IP rights lead to commercial success giving rise to a substantial increase in value (the so-called blockbuster clause). Other provisions concerning the terms and conditions of use for patentable results subject to legal protection can be discussed with Marburg University, subject to appropriate compensation.

Furthermore, the free use of the project results and any associated intellectual property rights for Marburg University’s own scientific purposes and for the project’s participants in research and teaching must be ensured.

What Legal Framework Conditions must be observed?

The client’s interest in obtaining the specifically agreed results / work must be taken into account; in this instance, Marburg University is legally obliged to deliver, for example, measurement results, software, reports, expert opinions, and assessments on time, without any material defects or legal loopholes.

How can I apply for a Contract Research Agreement?

Use this form (pdf in german) to submit your planned research project to the responsible Research Transfer Section. If your client has already provided you with a draft contract, please forward it to the Technology Transfer Department as well.