COLLABORATIVE RESEARCH AGREEMENTS

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COLLABORATIVE RESEARCH AGREEMENTS

• BY KIBOYYE YOGO, ADVOCATE

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Collaborative Research refers to cooperation
between two or more persons in the systematic
investigation of a particular subject in an
effort to discover new knowledge or to develop
new processes or products.
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Collaborative Research is justified as result of
the need for synergy due to large investments for
laboratories and materials, equipment,
researchers emoluments and the general financial
disbursements
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The relationship between the parties are best
protected under a written contract Certain
statutes, like the industrial property acts,
Plant Variety Act, Copy rights Act, inter alia,
affords protection however that is rarely enough.
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Collaborative Research are often founded on
contracts, which are agreements to do or to
abstain from doing some act, which is intended to
give rise to legal relations.
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Agreements and contract are two words, which
are often used concurrently, however they may not
mean exactly the same thing. An agreement refers
to a consensus of two or more minds in anything
done or to be done, and in its widest sence,
implies where two or more persons concur in
expressing a common intention with the view of
altering their rights and duties.
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An agreement is an essential part of any
contract. The reverse may not necessarily be true.
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Contracts are based on agreement of the
contracting parties. Otherwise a contract is an
agreement-giving rise to obligations which are
recognized by law.
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The idea of a contract being premised on
agreement between parties is based on the
principle of the freedom of contract.
Interference on such freedom can only be due to
misrepreprations, fraud, undue influence, or
illegality.
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A contract is completed on performance of the
promise or commencement of the performance
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Revocation of a contract must be communicated to
become effective. The rule is based on a balance
of convenience. A person cannot accept an offer,
which he knows to have been effectively
withdrawn.
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Contract may also be void, voidable or
unenforceable. -Avoid contract creates no legal
obligation-A voidable contract is one which is
capable of being disclaimed at the option of one
of the parties, like when a contract is induced
by misrepresentation. -An unenforceable contract
on the other hand is a valid contract which
cannot be enforced by action for want of written
evidence when required by statute, as in the case
of a contract of guarantee or a contract for the
sale or other disposition of land or an interest
in land.
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The Common types of contracts that fall under the
the Collaborative Research are

• Cooperative Research Agreements
• Reseach Agreeemnts
• Confidential Disclosure Agreements
• Material Transfer Agreements
• Exclusive License Agreement

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JUSTIFICATION FOR WRITTEN CONTRACTS-The
knowledge implosion has introduced too many
complex paradgm in human relationships. -People
demise with their memories. -Some contracts are
quite technical hence burdensome to call to mind.
-There are myriads of conflicts of laws,
especially in international transactions, which
can turn good intentions into a maze of
confusuion. -Sometimes, human beings suffer
obnoxious congenital selfish tendencies.
-Research has been instrumental in great strides
in human development. Medical breakthroughs,
indstrialisation, among things, and worth
Trillions of Shilings are products of
collaborative research. These kinds of resources
require adequate protection.
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The Most Important aspect of any Collaborative
Research Agreement are

• Proper Description of Parties
• Recital
• IPR, Investment and Benefit Sharing Clause.
• Confidentaility Clause
• Jurisdiction clause
• Termination Clause
• Dispute Resolution Clause
• Definition of force majoure
• Contract signed by the right persons

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In Moi University,one has to take cognizance of
the following

• The Kenyan Constitution and other Acts of
  Parliament
• Moi University Act and Statutes
• the relevant Laws in Kenyalike the IPR laws,
  EMCA, the Science and Technology Act, inter alia
• Common Law and Equity
• African CustomAery LAws
• Moi University Research Policy
• Intellectual Property Policy
• Terms of Service
• International Agreements/Covenants
• Private Treaties

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THANK YOU