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More Internet Issues SOLUTIONS Should the Professors be undertaking consultancy on their own account? n Each institution will have its own policy in relation to consultancy work and who, if anyone, can undertake it. If we assume that Lakeland permits some private consultancy on the part of its academics, it probably has rules about notifying it about such outside work and making it clear to the other contracting party, such as X-Radcan, that the consultancy contract is with the academic and not with the Lakeland. Prof. Kent is exposing Lakeland to risk in relation to the contract. n It is not likely that the Professors have permission from Lakeland to promote their own private consultancy work on Lakeland's website. What issues should Prof. Kent have covered in the contract with X-Radcan? n There should be something setting out exactly what the deliverables are under the contract. At present they are very vague. It would also help if there were a clear timetable setting out when the work needed to be completed by. Meeting the timetable may depend upon input from X-Radcan, which is outside Prof. Kent's control. n It is not at all clear that Prof. Kent has costed out in any way the work which she will need to do. She has just accepted X-Radcan's price. The work must have some risk elements attached to it and these should be factored into the price. It is also not clear when Prof. Kent will be paid. n There is no provision in the contract limiting Prof. Kent's liability under the contract. If something goes wrong Prof. Kent could end up paying more out than she ever receives. Prof. Kent needs also to make sure she has insurance cover in place. n It may be that in providing the consultancy services Prof. Kent comes up with improvements to the linear accelerator. As this would be research work really rather than consultancy such IP should not really belong to X-Radcan as that is not what they are paying for. X-Radcan should only get the IP in the actual design of the clinical trial at most. 68

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