NCL has been performing contract research for several global and Indian companies. With many of these companies, the relationship has sustained for over a decade. In the process of putting together contractual agreements with companies, NCL has gained considerable experience in crafting agreements keeping in mind the specific needs of the companies.  Thus, NCL has entered into contractual agreements which are diverse in nature and based on pragmatic approach and characterized by elements of flexibilities.  NCL realizes that for building a mutually successful relationship, the agreement should provide a win-win situation for both the partners.  In our experience, agreements which are heavily one sided do not lead to building a healthy relationship between the partners.

 

NCL has different models with regard to ownership and sharing of benefits of Intellectual Property Rights (IPRs) arising out of contract research. Each model is customised to suit the needs of our customers. NCL exhibits a high degree of flexibility and is willing to explore all options with our customers. These models are as follows:

 

a.      All intellectual property is owned by CSIR/NCL and is licensed to the clients for a mutually agreed period of exclusivity.  If the client desires to own the intellectual property in totality, CSIR/NCL will assign the intellectual property to the client on payment of suitable compensation.

 

b.      CSIR/NCL and the client own intellectual property and manage it in mutual consultation with each other.

 

c.      CSIR/NCL owns the intellectual property rights in India, whereas, the client owns the rights in other parts of the world.

 

d.      The client owns all intellectual property rights in all parts of the world.

 

The type and nature of ownership of intellectual property rights should form a part of the project negotiations as well as the project fees. A publicly funded laboratory like NCL has a need to earn its current income by performing contract research and needs to assure some future income based on the value that it creates for the clients.  The future income could take the form of a royalty, a licensing fee for intellectual property or an incentive bonus to the laboratory for every patent generated on the project.