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PLAYBOOK TEMPLATES
Research Collaboration Agreement
A Research Collaboration Agreement outlines cooperative research activities between institutions or companies. This playbook discusses IP ownership, publication rights, and funding obligations.
Confidentiality & Non-Disclosure
Negotiation strategy
Ensure that the confidentiality clause is comprehensive, covering all types of sensitive information and specifying clear obligations for the Contractor. Negotiate for a longer duration of confidentiality obligations to protect long-term interests.
Seek to limit the scope of confidential information to what is necessary for the contract. Negotiate for reasonable exceptions and a shorter duration to reduce long-term liability.
Essential elements
1
Confidentiality Obligations
Maintain confidentiality of sensitive data.
2
Duration of Confidentiality
Time period for confidentiality obligations.
3
Permitted Use
Allowed uses of confidential information.
Action framework
ACCEPT
Propose edits if the clause lacks specificity in defining confidential information or if the duration is too short.
EDIT
Reject if the clause allows overly broad exceptions that could undermine confidentiality.
ADD
Add language to address return or destruction of information upon contract termination.
PRO TIP
Always ensure that the confidentiality clause aligns with industry standards and includes clear remedies for breach.
Real-world examples
FAVORABLE
Preferred Confidentiality Clause
"Each party agrees to maintain the confidentiality of all proprietary information, trade secrets, and other sensitive data exchanged under this contract. Such information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to perform obligations under this agreement."
NEUTRAL
Standard Confidentiality Clause
"The confidentiality obligations set forth herein shall commence upon the effective date of this agreement and shall continue for a period of five (5) years following the termination or expiration of this agreement, regardless of the reason for such termination or expiration."
UNFAVORABLE
Weak Confidentiality Clause
"Confidential information may be disclosed to third parties without prior consent if deemed necessary by the receiving party."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, confidentiality clauses should include stricter obligations and longer durations to mitigate potential risks associated with sensitive information leaks.
Cross-Border Transactions
For cross-border transactions, ensure that the confidentiality clause complies with international data protection laws and addresses jurisdiction-specific requirements.
Technology Collaborations
In technology collaborations, include specific provisions for the protection of intellectual property and proprietary technology to prevent unauthorized use or disclosure.
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WEEK 1
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WEEK 2
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WEEK 3
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WEEK 4
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