This Joint Development Agreement template is designed for use under Swiss law when two or more parties wish to collaborate on research and development projects. It is particularly relevant for technology-driven collaborations, scientific research, or product development initiatives where parties contribute different expertise, resources, or intellectual property. The document addresses crucial aspects required under Swiss law, including detailed provisions for IP rights management, confidentiality obligations, and liability allocation. It incorporates specific requirements of the Swiss Code of Obligations while maintaining flexibility to accommodate various industries and collaboration types. This agreement is essential when parties need to formalize their collaborative development efforts while protecting their respective interests and establishing clear governance structures.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the collaboration and parties' objectives
3. Definitions: Key terms used throughout the agreement
4. Scope of Collaboration: Detailed description of the joint development project and its objectives
5. Project Management: Governance structure, steering committee, project managers, and decision-making processes
6. Contributions: Each party's contributions (personnel, resources, facilities, technology)
7. Background IP: Pre-existing IP rights and terms of their use
8. Foreground IP: Ownership and rights to newly developed IP
9. Confidentiality: Protection of confidential information and trade secrets
10. Financial Terms: Cost sharing, payment terms, and financial responsibilities
11. Warranties and Liability: Representations, warranties, and limitation of liability
12. Term and Termination: Duration, renewal, and termination provisions
13. General Provisions: Standard clauses including governing law, dispute resolution, and notices
1. Commercialization Rights: Terms for commercial exploitation of results - include when parties plan to commercialize the development outcomes
2. Third Party Rights: Provisions regarding third-party contractors or suppliers - include when external parties are involved
3. Export Control: Compliance with export control regulations - include for international collaborations or sensitive technologies
4. Data Protection: Specific data protection provisions - include when personal data processing is involved
5. Publication Rights: Terms for academic or public disclosure - include for research-oriented collaborations
6. Non-Competition: Restrictions on competing activities - include when parties operate in similar markets
7. Grant Funding: Terms related to external funding - include when project receives grant support
1. Project Plan: Detailed description of development activities, milestones, and timelines
2. Background IP Schedule: List of each party's relevant background IP and usage terms
3. Budget and Resources: Detailed financial planning and resource allocation
4. Key Personnel: List of key team members and their roles
5. Technical Specifications: Detailed technical requirements and specifications
6. Governance Procedures: Detailed procedures for project management and decision-making
7. Form of Reports: Templates for project progress and financial reporting
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Software Development
Automotive
Aerospace
Healthcare
Electronics
Clean Energy
Telecommunications
Industrial Automation
Medical Devices
Chemical Industry
Research & Development
Relevant Teams
Legal
Research & Development
Intellectual Property
Business Development
Project Management
Innovation
Technology Transfer
Corporate Development
Scientific Affairs
Engineering
Contracts Administration
Regulatory Affairs
Relevant Roles
Chief Technology Officer
Research Director
Head of R&D
Legal Counsel
IP Manager
Project Manager
Business Development Director
Chief Scientific Officer
Innovation Manager
Contract Manager
General Counsel
Technology Transfer Officer
Partnership Manager
Head of Innovation
Research Scientist
Development Engineer
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