End of the Contract
48
Section 11
The position is complex as the situation can arise not only at a future date,
when the Project is considered to have achieved its long term objectives,
but also at any point during its term if circumstances arise which may
trigger termination.
insolvency of a participant.
change of control of a participant – no collaborator
wants to find that their co-collaborator has been
taken over by their competitor and that they are
tied into continuing research with them.
material breach of the Research Contract – it can be
worth specifying any known events that would be a
material breach for the sake of clarity, such as failing
to obtain patient consent for clinical research.
your collaborator challenging the validity of your IP
– having had the opportunity to test out IP during
the Project some collaborators do start to look at
ways to use it at lesser cost.
departure of a key member of the research staff.
Possible Triggers for Termination
Simply suing for damages for breach however can sometimes be a more
effective remedy as at least the Project can continue, which may be feasible
if the collaborator in breach is merely a funder of the research.
