COLLABORATION MODEL
SCORING AND RECOMMENDATIONS
Scoring |
Weight |
How to ensure Success and Mitigate Risk |
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Strategic |
Shared objectives |
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Establish a mutually beneficial arrangement consisting of a well-articulated future business relationship between research institution and spin-off Ensure spin-off access to unique intellectual property in a certain exclusive field of use while permitting to research institution to monetize the results of academic research |
Clearly defined collaboration scope |
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Carefully structure the exclusive field of use allocated to the spin-off, while ensuring that the research results are effectively developed and commercialized |
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Freedom to operate |
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Establish rules to protect the exclusive field of use allocated to the spin-off, ensuring that the research institution does not directly or indirectly grant licenses allowing for competition within the relevant field of use |
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Risk sharing |
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In return for equity, upfront license fees, ongoing royalty streams and/or development and commercialization obligations, research institution to accept that exclusivity within a certain field of use is crucial to convince the spin-off and its investors to develop and commercialize the research results |
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Worst Case planning |
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Focus on ensuring that spin-off at all times retains rights to the research results, with appropriate corrective milestone planning mechanisms and continued access rights to service spin-off clients |
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Senior Executive Support |
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Establish strong senior support within the tech transfer office, relevant research department and the spin-off to ensure an efficient and continued collaboration between the spin-off and research institution for further developmentĀ² |
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Business |
Business Value proposition |
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Ensure for spin-off to benefit from access to unique intellectual property in a certain exclusive field of use while permitting research institution to monetize the results of academic research |
Due diligence |
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Perform a detailed Freedom to Operate analysis to obtain comfort concerning the competitive intellectual property landscape Take into account the limited or no recourse against the research institution in the event of third-party IP infringement issues |
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Optimal legal/ business structure |
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Design and protect competitive position by license with exclusive field of use, with appropriate compensation for the research institution |
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Partnering metrics |
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Design development and commercialization milestone obligations, and associated royalty and other financial arrangements, as key partnering metrics of any spin-off licensing arrangement |
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Rewards/ penalties |
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Ensure rewards for the research institution are fair and bearable for the spin-off Safeguard that no contractual sanction for development or commercialization imperils the long-term future of the spin-off |
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Operational |
Decision-making processes |
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Ensure strong governance structures and mechanisms between the tech transfer office, relevant research department and the spin-off to enhance further development and commercialization |
Communication |
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Clearly communicate progress and potential development issues on a regular basis, with such communication aligned to the contractual collaboration obligations of the parties |
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Quality checkpoints and review |
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Carefully design and negotiate the development and commercialization milestones in spin-off licensing arrangements, and ensure alignment with the scope and financial obligations of the license |
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Change management |
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Establish change management procedures to deal with any scope variation of the license arrangements, including potential future inventions useful within such scope |
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Issue Escalation Mechanisms |
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Ensure specific issue escalation processes for potential milestone development issues, including good faith corrective milestone planning mechanisms |
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Cultural |
Collaborative mindset |
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Ensure startup access to unique intellectual property in a certain exclusive field of use while permitting research institution to monetize the results of academic research |
Dedicated alliance managers |
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Ensure dedicated tech transfer and research department Single Point of Contact to enhance effective collaboration in future research and development collaboration |
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Joint decision-making processes |
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Track and correct potential scope and milestone development issues through efficient governance mechanisms agreed to by the relevant stakeholders |
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Appropriate incentives |
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Motivate the institution and relevant staff by appropriate equity and other financial incentives to promote continued research and development by the research institution |