Legal and project agreement issues in collaboration and e-Research: Survey results

Heffernan, Maree E. and David, Nikki (2007) Legal and project agreement issues in collaboration and e-Research: Survey results.

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Abstract

This report presents the results from a survey conducted by Queensland University of Technology’s Faculty of Law as part of the Legal Framework for e-Research Project, funded by the Australian Commonwealth Department of Education, Science and Training (DEST), under the Systemic Infrastructure Initiative (SII), Research Information Infrastructure Framework for Australian Higher Education, as part of the Commonwealth Government’s Backing Australia’s Ability - An Innovation Action Plan for the Future (BAA). This report presents initial results from a national survey undertaken as part of the Legal Framework for e-Research Project. The survey was designed to explore the nature of e-Research and collaborative research in the Australian context. It should be noted that results presented are initial findings and an analysis of the legal context and the development of strategies will be included in a more detailed Project report due for release in early September 2007. The survey aims to explore the nature of research collaborations and to identify common legal and project agreement problems encountered in forming research collaborations in order to form strategies to facilitate and streamline the process of e-Research in the Australian context. Specifically, the aims of the survey were to: • Identify e-Research activities and levels of engagement; • Understand the nature of the collaborative research landscape; • Investigate characteristics of informal collaborations and agreements; and • Explore legal issues related to data and databases.

Item Type:	Other
Status:	Published
Keywords:	e-Research Survey Results; Legal Framework for e-Research Project; Queensland University of Technology; Faculty of Law; Resources Involved in Collaborative Projects; Parties Involved in Collaborative Projects; Collaborative Project Agreement Types; Collaborative Research Project Outcomes; Critical Factors in Successful Collaborations; Project Agreement Issues; Databases; Participant’s e-Research Activities; Critical Factors in Successful Collaborations Input into Formal Agreements; Commercialisation of Research; Australian Commonwealth Department of Education; Science and Training; DEST; Systemic Infrastructure Initiative; SII; Research Information Infrastructure Framework for Australian Higher Education; Backing Australia’s Ability - An Innovation Action Plan for the Future; advanced ICT capabilities; new methodologies; broadband communications networks; research instruments and facilities; sensor networks; data repositories; software and infrastructure services; secure connectivity and interoperability; application tools; discipline-specific tools; interaction tools; nature of research collaborations; common legal and project agreement problems; research collaborations; strategies; facilitate and streamline the process of e-Research in the Australian context; hypercomputing; online survey; networks; Pro and Deputy Vice-Chancellors; every Australian University; Cooperative Research Centres; CRC; ARC Special Research Centres; ARC Centres of Excellence; Intellectual Property / Copyright legal specialists; intellectual property lawyers; contracts officers; and project team legal community contacts; research managers; researchers; legal advisors; contracts/commercialisation officers; government departments; commercial/industrial sectors; SPSS software; descriptive statistics; one-way ANOVAs; independent samples t-tests; science and technology; arts and social sciences; AARNet; ABS; AC3; ANUSF; APAC; APSR; ARROW; AUSTLII; CSIRO; DART; FEAST; MAMS; QPSF; collaborative innovation; e-Research; online questionnaire; demographics; Australian Bureau of Statistics; collaborative arrangements; Australian Productivity Commission; project negotiation; negotiating formal agreements; improve and streamline the negotiation process; databases; policies and procedures; sharing of data; medical/health care; business/commerce; astronomy; agriculture/plant science; biology; biotechnology; chemistry; climate studies; computing/information technology; environment/ecology; engineering; earth sciences; medical/health care; manufacturing; mathematics; mining; marine systems; nanotechnology; photonics; physics; public health/epidemiology; transport; visual/graphic art; architecture/design; business; economics/accounting/finance; education; drama; geography; history; law; languages; media & communication; music; politics; psychology; sociology; social sciences; tourism; data collection/ management/ modelling/ visualisation; use of databases; online or internet-based research; services to support e-Research; the use of communication tools; the dissemination of information; management of e-Research activities; Exchange of algorithms and data; electronic data gathering; real time; nodes; computational code; high performance computers; manipulating data; sharing data; sharing results; laser diagnostics and synchrotrons; cultural informatics; multi-layered frameworks of interconnection; sustainable digital repositories; digital scholarly practice; online tools; discipline-related literature; patent literature; real conferencing facilities; AVCC; research/postgraduate students; patent/trademark attorneys; lobbyists; USA; UK; India; Israel; Singapore; Thailand; Pacific Islands; international collaborators; informal networks; informal conversations; conference interactions; informal agreements; co-authored publications; single project-based research contracts; patents; software; know-how; intellectual property licences; Informal Networks; Informal Agreements; Confidentiality Contracts; Single Research Contracts; Master Research Contracts; Permanent Arrangement; Multiparty Research Consortia; Joint Venture; Technical Assistance Agreements; Consulting Agreements; product development; Exclusive Licences; Non-Exclusive Licences; Royalties; Start-up Companies; Co-authored Publications; Sharing Knowledge – Public; Sharing Knowledge – Limited; Student Exchanges; Product Development; Industry Knowledge; Research Knowledge; Better Facilities; Improved Research Practices; confidentiality/non-disclosure agreements; two-party agreements; multi-party agreements; technology transfer; Eroded trust; Differing expectations; intellectual property ownership; data ownership and access; intellectual property licensing; intellectual property overvaluing; liability/indemnity clauses; commercialisation rights; governing law; revenue split; reach-through royalties; termination; revenue split; mediation; arbitration; intellectual property policy; triage approach; communication; education/training for transfer offices; negotiation process; working rule; negotiation process by disciplinary area; Prior dealings; Online portal; master agreements; standard agreements; free/open source software; free access; use; re-use; dissemination; competition; anti-trust issues; datasets; plain English; how-to-guide; alphanumeric data; images; photographs; diagrams; graphs; video; legal ownership; limited liability; Wikipedia; Sourceforge; ARC; ARC Rules; DEST; interconnectivity; Social science consortiums; Patent; Commercialisation; IP issues; gatekeeper; Licensing IP; IP assets; due diligence; common framework of understanding; open e-Research environment; digital technologies; interoperation; repositories;
Subjects:	390000 Law, Justice and Law Enforcement > 390100 Law > 390111 International Law 390000 Law, Justice and Law Enforcement > 390100 Law > 390104 Commercial and Contract Law 390000 Law, Justice and Law Enforcement > 390200 Professional Development of Law Practitioners > 390203 Legal Education 390000 Law, Justice and Law Enforcement > 390300 Justice and Legal Studies > 390305 Law and Society 390000 Law, Justice and Law Enforcement > 390100 Law > 390105 Corporations and Associations Law 390000 Law, Justice and Law Enforcement > 390100 Law > 390114 Intellectual Property 390000 Law, Justice and Law Enforcement > 390200 Professional Development of Law Practitioners > 390201 Legal Practice 230000 Mathematical Sciences > 230200 Statistics 350000 Commerce, Management, Tourism and Services > 350200 Business and Management > 350211 Innovation and Technology Management
ID Code:	9112
Deposited By:	Kiel-Chisholm, Scott
Deposited On:	21 August 2007
Alternative Locations:	http://www.oaklaw.qut.edu.au/
Copyright Owner:	Copyright 2007 Maree Heffernan, Nikki David and QUT
Copyright Statement:	This work is licensed under an Australian Creative Commons Attribution Non-Commercial No Derivatives 2.5 Licence that can be viewed at http://creativecommons.org/licences/by-nc-nd/2.5/au.