Commercialisation and collaboration

Getting ready to collaborate

Here's a quick video that explains what you need to know before entering into a collaboration.

Researcher and business collaborations with universities

The Higher Education Research Commercialisation (HERC) Intellectual Property (IP) Framework (the Framework) helps businesses and industry to collaborate with universities on research and commercial projects.

Collaborations involving IP can be complex. The Framework supports businesses by providing: 

• Information about IP in university-industry collaborative research 
• Templates to assist in the negotiation process.

HERC IP Framework

Business collaborations

For small businesses that want to collaborate, the IP toolkit is simple and easy to understand.

How can I protect my IP?

Before you try to commercialise your idea, you should consider whether you need to file for IP protection.

We administer IP rights for:

• Trade marks
• Patents
• Design rights
• Plant breeder’s rights.

You can also get IP protection without registration for copyright and circuit layouts.

Learn about the different types of IP

In the meantime, you can ensure that sensitive information remains confidential with a non-disclosure agreement.

How can I commercialise my IP?

If you're looking to commercialise your idea, you can:

• Speak to your university or research organisation's technology transfer office for advice
• Consider your commercialisation pathways. You may want to sell or license IP, create a business or collaborate with an industry partner
• Explore Australian Government programs that support researchers on their commercialisation journey, such as Main Sequence Ventures (CSIRO Innovation Fund).

How to commercialise IP

Where can I find a collaboration partner?

The following online resources can help you find a collaboration partner:

• Easy Access IP offers businesses free access to IP from Australian universities
• Industry growth centres can support your collaboration
• University technology transfer offices 
• Research organisations.

How do I define the terms of my collaboration?

To define the terms of your collaboration, you can use a model term sheet. It can help you to:

• Define your project
• Outline the basic terms and conditions of your collaboration
• Engage with internal policies, processes and approval mechanisms
• Negotiate with collaborators.

How do I draft a contract or non-disclosure agreement?

You can use the information on your term sheet to draft your final contract, using either a model contract or mini contract for this purpose.

A non-disclosure agreement, or confidentiality agreement, is a legal contract used to protect sensitive information that needs to be shared with others. To help you get started, we've developed a free tool to help you create your own NDA. 

How NDAs work  Try the NDA generator

Seek professional advice

While our model and mini contracts are a good starting point, we strongly recommend you seek legal advice before entering into an agreement.

Engage an IP attorney

What to consider during collaborations

Before you get started, you'll need to consider what both parties are bringing to the collaboration and how you'll manage existing or new IP.

In some instances, issues may arise when existing IP is built upon during the collaboration. Background IP usually refers to existing IP that belongs to one of the parties, while third party IP belongs to a party that's external to the collaboration.

As such, issues that may impact your collaboration include:

• Whether it requires any background or third party IP
• Whether you'll develop new IP
• How to manage ownership and licensing rights.

Use the collaborations checklist or the mini collaborations checklist to help you manage these issues.