International research agreements contain a number of aspects and nuances that are not present in traditional domestic American agreements. Whereas the latter contain many legal terms and concepts that are often addressed by applying mechanistic rules and which result in obstacles and bumps in negotiation, international agreements require flexibility and nuance in order to get "the deal done" in addition to a number of hidden risks and pitfalls for the unwary. This workshop will examine issues in international contracting. Emphasis will be placed on how to assess the importance of particular terms for specific research projects and how to build and communicate positions persuasively during difficult negotiations with counterparts for whom English may not be a first language and who may be unfamiliar with traditional contracting values. Communicating and advising internal university stakeholders of risks they may bear will also be discussed. The workshop will use case studies in international contracting to spur participation by attendees. The presenters will offer potential solutions to common deadlocks on such topics as publication rights, confidentiality, work product, intellectual property, liability and more.
Previous experience working with international research agreements. Knowledge of contracting principles, negotiating techniques, and the meaning of common legal terms and clauses
Intermediate