Agreements drafted by the Solicitor's office

When the parties decide that Monash should be responsible for drawing up an agreement, the person/s negotiating the arrangement should provide the Solicitor's Office with sufficient information to enable a contract to be prepared. Instructions should be given in point form, never as a draft contract.

We will need to know:

• full name and address of the other party/s
• issues discussed and agreed upon such as:
  • duration of the agreement;
  • monies to be paid to Monash and when these will be paid;
  • general description of the services Monash will provide (these can be detailed in a schedule);
  • if a PhD student is involved, the name of the Monash supervisor and the associate supervisor from the funding partner organisation;
  • intellectual property (IP):
    • whether the parties will provide any background IP
    • who will own IP in the project outcomes
    • who will pay patent costs, if any,
    • whether funding party will have first right to commercialise outcomes;
  • where IP is copyright, for example a Report or a course written for a government agency or department, who will own copyright/whether the other party will be licensed to use the project material/moral rights;
  • any special terms or conditions agreed to, such as an approval process for publications related to the project where such publications might contain commercially sensitive data.