The DESCA Model Consortium Agreement and Horizon 2020: What You Need to Know
The Horizon 2020 research and innovation program is the largest funding program of the European Union (EU) for research and innovation. It aims to foster scientific excellence and generate economic growth and competitiveness across the EU. As part of this program, research collaborations are formed between different organizations, which require a binding agreement to govern their relationship. The DESCA (Developing a Simplified Consortium Agreement) model consortium agreement is a popular option for such collaborations. In this article, we will explore the key aspects of the DESCA model consortium agreement in the Horizon 2020 context.
What is a Consortium Agreement?
A consortium agreement is a legally binding contract between different organizations that outlines their respective roles, responsibilities, and rights in a collaborative research project. It covers various aspects such as project management, intellectual property rights, confidentiality, liability, and dispute resolution. A well-drafted consortium agreement ensures that all parties involved are clear on their obligations and expectations, thus reducing the likelihood of conflicts and misunderstandings.
Why is the DESCA Model Consortium Agreement Popular?
The DESCA model consortium agreement is a standardized template that aims to simplify and streamline the negotiation and drafting process of consortium agreements. It was created by a group of European research organizations in response to the complex and lengthy nature of existing consortium agreements. The DESCA model consortium agreement is intended to be flexible and adaptable to different types of research collaborations.
The main advantages of using the DESCA model consortium agreement are:
– Time and resource-saving: The standardization of the agreement allows for a quicker and smoother drafting process, avoiding lengthy negotiations and legal fees.
– Clarity and transparency: The agreement has clear and concise language, making it easier for all parties to understand their obligations and rights.
– Adaptability: The DESCA model consortium agreement is designed to be flexible, allowing for customization to suit the specific needs of each research collaboration.
Key Aspects of the DESCA Model Consortium Agreement
The DESCA model consortium agreement covers several essential aspects of a research collaboration, including:
– Governance: The agreement outlines the decision-making process, the roles and responsibilities of each partner, and the procedures for amending the agreement.
– Intellectual Property Rights (IPR): The agreement defines the ownership and use of any IPR generated during the project, including patents, copyrights, and trade secrets.
– Confidentiality: The agreement specifies the confidentiality obligations of each party and the procedure for protecting and sharing confidential information.
– Liability and Indemnification: The agreement identifies the potential risks and liabilities associated with the project and the ways in which they will be allocated among the partners.
– Dispute Resolution: The agreement establishes the mechanisms for resolving any disputes that may arise during the project, including the procedure for mediation, arbitration, or litigation.
Conclusion
The DESCA model consortium agreement is a valuable tool for research collaborations that aim to participate in Horizon 2020 projects. By using a standardized template, the agreement can save significant time, cost, and effort, while ensuring clarity and transparency in the collaborative relationship. However, it is essential to note that the DESCA model consortium agreement is not a one-size-fits-all solution and may require customization to fit the specific needs of each research collaboration. Therefore, it is advisable to seek legal advice before signing any consortium agreement.
