Section 4

As your responses to the previous sections did not provide an easy 'fit' between the Project and Lambert Model Agreements 1, 4 or 5, it is likely that you are undertaking the project to address both academic and commercial interests, and that the Results are going to be of significance for both parties.

Lambert Model Agreements 2 and 3 both address this situation. In each case, the University will own IP in the Results as a starting position.

Lambert Model Agreement 2 does not change this ownership position but allows the Sponsor to take an exclusive licence to commercialise some or all of the Results.

Lambert Model Agreement 3 allows the Sponsor to identify specific Results which it needs to own in order to exploit them, and to take an assignment of the IP in those specific Results.

To help determine whether to use Lambert Model Agreement 2 or 3), try answering the following questions:

PLEASE TICK THE BOXES THAT APPLY

YES

1. Will an exclusive licence provide an effective means through which the Sponsor can exploit the Results?

2. Are there likely to be applications/fields of use, markets/territories in which the Sponsor is unable to exploit, or is uninterested in exploiting, the IP in the Results?

3. Does the Project represent an integral part of the PI's overall research activities, and will the IP in the Results therefore be of significance to his/her long-term plans?

4. Is the Project based more on the University's Background/Know-how/proprietary materials than on the Sponsor's Background/Know-how/proprietary materials?

5. Does the University have the patent budget and expertise to manage the IP in the Results?

6. Has the Sponsor decided not to seek R&D tax credits in respect of the costs of the Project?

POSSIBLE OUTCOMES

0 - 2 "Yes" answers

It looks as though Lambert Model Agreement 3 is the most suitable for your purposes, particularly if the most effective means to ensure successful exploitation of the IP in the Results will be through the Sponsor owning specific rights

3 "Yes" answers

The position is evenly balanced and we cannot recommend which of the Lambert Model Agreements most closely fits your needs. You may wish to reconsider some of your answers. Answering the Additional Questions may help to clarify things.

4 - 6 "Yes" answers

It looks as though Lambert Model Agreement 2 is the most suitable for your purposes.