​Types of research contracts

​These agreements are mostly used when a client requires a specific outcome, output or product and intellectual property is usually created. The agreement will be for a specific time period,  and have a specific project budget and work plan. The research agreement’s terms include ownership and possible commercialisation of intellectual property (IP) as well as other terms regarding completion of the work, liabilities, indemnities, confidentiality,​ etc. The University ensures that the researcher’s right to publish the scientific results is protected.

Grant agreements refer to scientific research projects which are supported by public grants, foundations or other non-profit organisations. They are applicable for a specific duration and have a specific project budget and work plan associated with the agreement. There should be no intellectual property ownership requirements by the funder, however, they typically have stringent financial and progress reporting requirements, often operate on a cost-reimbursement basis and may have audit requirements.​

​​The agreement usually consists of a few universities or institutions, with one funder funding the consortium under a grant agreement. The consortium leader will be responsible for making the necessary arrangements on behalf of the consortium members in order to finalise the contract. The terms of the consortium agreement will be subject to the requirements of the main grant agreement. All the consortium members (collaborators​, their researchers and legal representatives) have to agree on the terms and conditions of the consortium agreement.

​A collaboration agreement is where two (or more) parties contribute to a research project through their scientific contribution or other contributions (e.g. by ​making their background IP available). Collaboration agreements make provision for sharing IP that was jointly created as well as joint publications and commercialisation where applicable.​

​MoU’s are used to establish the basis for the possible future conclusion of collaboration or research agreements. They are non-binding arrangements that agree on general clauses for future contracts, ​but generally without specifying any funding arrangements or specific activities to be undertaken by the parties. An MoU should be followed by a appropriate formal agreement once the parties are ready to commence the applicable research activities and where applicable, once funding has been secured for the particular research activity.

​The agreement usually consists of a few universities or institutions, with one funder funding the consortium under a Grant Agreement. The Consortium Leader will be responsible on behalf of the consortium members to make the necessary arrangements in order to finalise the contract. The terms of the Consortium Agreement will be subject to the requirements of the Main Grant Agreement. All the Consortium members (Collaborators) (their researchers and legal representatives) have to agree on the terms and conditions of the Consortium Agreement.

A clinical t​rial is a research-related study designed to test the safety or effectiveness of drugs, devices, treatments or preventive measures on humans. In most cases the client provides the agreement with reference to the protocol. It is crucial that the principal investigator strictly follows the protocol when conducting the clinical trial study. Obtaining ethical clearance for the study is imperative.​

An NDA must be signed when a client approaches the University for the exchange or sharing of confidential information as the forerunner to a potential project.  A standard confidentiality agreement can be used. Universities could also enforce an internal stu​dent/staff NDA to ensure that the student or researcher complies with the confidentiality undertaking of the University.​

This agreement is used when the University is receiving or supplying tangible research materials (any tissue, cells, or other biological or proprietary materials required for a research project) from/to another party. Ethical clearance and import or export permits  should be obtained where necessary. Usually the supplier of the material will prescribe the MTA.​

​A subcontract is used when a research or research-related contract is already in place and another external party needs to be subcontracted to assist with the project or deliver a specific portion of the deliverables. The University can also be subcontracted by another institution to perform specific tasks or services. When drafting a subcontract, the​ terms and conditions of the principal agreement between the client and the University should be transferred to the subcontract to ensure the University meets its obligation towards the client. A back-to-back agreement is therefore recommended.
 

Some organisations open their call for proposals to the public and in response to the open call, the University will be required to complete tender documentation to be submitted with the proposal. The tender documentation generally consists of a valid Tax Clearance Certificate, BEE certificate, declaration of procurement records, declaration of conflict of interest, financial information of the University, etc. An important aspect of tenders is that the terms of the contract are fixed at the tender stage and are non-negotiable, thus the University agrees to the terms prior to being awarded the project. The University puts measures in place to mitigate the possible risks in the event of being awarded the project.​

​A donation contract can take different formats. Some institutions provide an award letter, other institutions require a contract to be signed. Within the context of research and research-related contracts, donations refer to funding with the intention of applying it to​ research in a specific field of interest, with the donor not making any claims to the results, IP, or commercialisation, etc. The donor may request financial and progress reports to ensure that the funding is used for the purpose that it was intended for.​
 

A postgraduate bursary agreement provides the terms under which a donor will award a bursary to a postgraduate student. Strict SARS regulations apply to bursaries and the donor is not allowed to make any claims to the results, IP or commercialisation​. The donor may request progress reports to ensure that the funding is used for the purpose that it was intended for and that the student is making sufficient progress with his/her studies.