Areas of Potential Disputes

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Areas of Potential Disputes
Dr Bob Smailes Director of Research Services
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Areas of Potential Disputes

• Emphasis needs to be on avoiding disputes, rather
  than resolving retrospectively.
• The individuals who negotiated the
  contract/license may not be around to resolve any
  dispute.
• Language. English may be in common usage but
  meaning of words can vary. Translations do not
  always convey full meaning.

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Areas of Potential Disputes

• Field What is precise scope of license/
• contract?
• Definitions e.g. what is royalty?
• Work plan what is to be done/how to modify
• Management Reporting What is
  structure/frequency of reporting
• Termination How, by whom, what is retained?

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Solutions ?

• Clarity in negotiations as to what is required
  from
• all parties.
• Encapsulating what has been agreed in a document
  that all, including the scientists can
  understand.
• Be explicit in definitions.
• Establish procedures for effective management and
  reporting of research/license.
• Incorporate one or more levers for internal
  dispute resolution.
• Agree on method to resolve dispute in event of
  failure of internal mechanisms.