Brunswick Agreement: Secretive Power-Sharing Deal

The Brunswick Group has developed a set of template agreements for use between two universities or similar not-for-profit organisations. The aim is to save time on drafting and negotiation. The agreements cover a range of situations, including research collaboration, material transfer, and academic research collaboration. The templates are available for use by all universities and other public sector research institutions, and have been updated to reflect changes in English jurisdiction.

Research Collaboration

The Brunswick Group has developed a set of template agreements, including those for research collaboration, to be used between two universities or similar not-for-profit organisations. The aim of these agreements is to remove the need to spend time on drafting and negotiation. The agreements are designed to be suitable for the majority of cases where two or more universities receive a joint grant from a research council or charity.

The Academic Research Collaboration Agreements come in two forms: short and long. The short-form letter of agreement is a simple letter issued by a lead institution to provide funding and bind a collaborating co-applicant institution into the terms of a research council or research charity's terms and conditions. The long-form agreement is designed to be used in funded collaborations where more complex issues may need to be addressed, such as establishing project management groups, the introduction and use of valuable intellectual property, and particular confidentiality or publication concerns.

Both the short and long-form agreements are expected to govern collaborations that are funded by research councils and charities where:

• The award is made for a research project (not a centre) under standard terms.
• The collaborators are academic or non-profit-making institutions.
• The collaborating institutions are named in the application as undertaking a specific and significant proportion of the project.
• The terms of the award do not restrict the universities' ownership or publication of research results or include warranties of any kind.

The template agreements are available for use by all universities and other public sector research institutions, and a number of institutions have signed up for their use.

Material Transfer Agreement

The Brunswick Group has developed a set of template agreements, including the Material Transfer Agreement (MTA), to facilitate collaboration between universities and similar not-for-profit organisations. The MTA specifically aims to streamline the routine transfer of materials between academic institutions by reducing the time spent on drafting and negotiation. The agreement is deliberately minimal and applies to identical terms for both incoming and outgoing transfers. While it is designed for use between two universities, it can also be used unilaterally. However, it is important to note that the MTA is not suitable for transfers involving clinical materials or situations with known intellectual property (IP) considerations.

The MTA is intended to balance the needs of both donor and recipient organisations. In most cases, parties are expected to sign up to the terms without modification, regardless of their role in the transfer. This approach helps maintain a consistent and efficient process for material transfers.

The MTA is available for use by all universities and other public sector research institutions, and a list of institutions that have signed up for its use is provided. By utilising the MTA, institutions can avoid the time and effort of drafting individual agreements for each transfer, promoting collaboration and knowledge exchange.

While the MTA provides a standard framework, it is important to note that it may not cover all situations and should be used in conjunction with other relevant agreements or procedures to ensure comprehensive coverage.

Academic Research Collaboration Agreements

The Brunswick Group has developed a set of template agreements for use between two universities or similar not-for-profit organisations. The aim of these agreements is to remove the need for drafting and negotiation, saving time for all parties involved. The development of these templates is led by ARMA, which has also released revised agreements that are available on their website.

The Academic Research Collaboration Agreements are a part of the Brunswick template agreements and come in two forms: short and long. They are designed to be suitable for most cases where two or more universities receive a joint grant from a research council or charity. The agreements are intended to govern collaborations funded by research councils and charities, with specific criteria that must be met. These criteria include the nature of the award, the type of institutions involved, the roles of the collaborating institutions, and the terms of the award.

The Short-Form Letter of Agreement and the Long Collaboration Agreement are the two types of Academic Research Collaboration Agreements. The short-form letter is a simple letter issued by a lead institution to provide funding and bind a collaborating co-applicant institution to the terms of a research council or research organisation. On the other hand, the long-form agreement is used in more complex collaborations that may involve issues such as project management, intellectual property rights, and confidentiality or publication concerns. While the long-form agreement covers more ground, it still may not address all possible scenarios and may need amendments for specific circumstances.

Both the short and long-form agreements are available for use by all universities and other public sector research institutions, not just those in the Brunswick Group. Many institutions have already signed up for their use, including well-known universities such as Cambridge, Oxford, and Imperial College London.

Russell Group Studentship Agreement

The Russell Group Studentship Agreement is a template agreement for use between a university and a company for the support of a postgraduate research student. The agreement falls under the umbrella of the Brunswick Group's template agreements, which aim to remove the need for drafting and negotiation between two universities or similar not-for-profit organisations. The Russell Group Studentship Agreement has been styled through the Lambert toolkit on the Intellectual Property Office website.

The Lambert toolkit is a set of model research collaboration agreements and consortium agreements for universities and companies that wish to undertake collaborative research projects. The toolkit facilitates negotiations between potential collaborators, reduces the time and effort required to secure agreement, and provides examples of best practice. The toolkit is designed to maximise innovation, encourage collaboration with industry, and promote the sharing of knowledge.

The Brunswick Group's template agreements are led by ARMA and have been revised and updated through an initiative sponsored by the Russell Group. The agreements are based on earlier Brunswick agreements and a suite of agreements generated and agreed upon for use by all Scottish universities. They have been updated to accommodate changes and to reflect the English jurisdiction, where applicable.

In addition to the Russell Group Studentship Agreement, the current revised agreements include:

• Confidentiality Agreement (2-way and 3-way)
• Research Collaboration agreements
• Short Form Joint Award Letter
• Grant Joint Award Agreement (Brunswick Long Form Agreement)
• Material Transfer & Human Tissue Agreements

The development of template agreements is beneficial as it saves time and effort for all parties involved. Additionally, it ensures consistency and standardisation in the collaboration process, making it easier for universities and companies to work together on research projects.

Confidentiality Agreement

The Brunswick Group has developed a series of template agreements to be used between two universities or similar not-for-profit organisations. The aim of these agreements is to remove the need to spend time on drafting and negotiation.

One of the template agreements is a Confidentiality Agreement, which is available in two forms: a 2-way agreement and a 3-way agreement. These agreements are designed to be used when discussions are required prior to the formal engagement of parties in a collaboration. They enable those involved to speak freely and exchange information about an invention or intellectual property in confidence.

Confidentiality clauses are usually included in any standard Research Collaboration Agreement. However, there are occasions where a separate Confidentiality Agreement may be considered. The simplest approach is to use the Brunswick versions of these agreements, which are available via ARMA.

An alternative to a Confidentiality Agreement is a non-disclosure agreement. Guidance on these agreements is available on the UK Government website.

It is important to note that the Brunswick Group's template agreements are not legally binding. They serve as a starting point and can be adapted to meet the specific needs and circumstances of each project. Each Higher Education Institution (HEI) will have a Research Support Office (RSO) or Contracts Office that provides legal advice and guidance on putting research contracts or agreements in place.

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