The Ministry of Economy, Trade and Industry and the Japan Patent Office have created a model contract that serves as a model for companies and universities to conclude joint research contracts and license contracts.By referring to past cases, the contract content is proposed so that both companies and universities do not feel unfair, and the aim is to facilitate the contract and help create innovation.
According to the Ministry of Economy, Trade and Industry, the model contract considers that the contract between the start-up company and the university tends to put the start-up company at a disadvantage because the future of the business is uncertain. At the beginning, the startup company transfers the stock acquisition rights to the university in consideration of the license, and proposes a contract that the university can get a reward when the business is successful.
In joint research between large companies and universities, it is pointed out that the joint research funds received by the university are not worth the compensation for the research. It is suggested to specify.
The model contract was prepared by discussing it at a meeting of experts who gathered intellectual property and legal experts.Among them, industry-academia collaboration is positioned as an investment in value rather than cost, and proposals are being put together in the direction of incorporating the pricing of "knowledge" into the contract clause.
In 2020, the Ministry of Economy, Trade and Industry and the Japan Patent Office have put together a new material edition of model contracts for start-up companies and large companies. In 2021, the AI version of the model contract between start-up companies and large companies was published.
reference:[Ministry of Economy, Trade and Industry] Model contract (university edition) and model contract (new material edition / AI edition) ver2.0 for promoting open innovation have been compiled.