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Agreements

The Legal Division will assist you with the drafting, review and negotiation of agreements between the University and companies, organisations and public authorities. Contact the Legal Division early in the process in order to receive the best possible support.

The most frequent types of agreements at Lund University are those that concern research, such as different forms of collaboration, contract education, confidentiality and MTA: s (Material Transfer Agreements), and agreements concerning education, such as student exchange, industry-employed doctoral students and double degrees.

If you need legal support in connection with commercialising your research results, please contact LU Innovation. Read more on the LU Innovation website.

What do I do with my agreement?

In an agreement situation, it is important that you – as a researcher in charge of a project or as the person responsible for an agreement in some other capacity – are well aware of the conditions applicable in the situation and understand which interests are important to safeguard, both for the University and for the other party.

As a step towards more effective support, the Legal Division has developed a quick reference guide, which can be used for all types of agreements. The idea is that the guide will help you understand the contents of an agreement and provide an opportunity for you to draft, review and negotiate agreements to a greater extent. The guide lists the most common types of terms and conditions that you will find in an agreement, and includes the University’s position on various issues, which is important to consider when working with an agreement. The University’s template agreements provide examples of the University’s preferred wordings with respect to the various terms and conditions of an agreement.

The University’s template collection includes many different types of agreements and part of it is available on this website. Agreement templates can be used when you need a complete draft agreement, but also as a source of example provisions when negotiating an agreement.

When contacting the Legal Division for advice and support, we first need some background information in order to be able to help you in the best possible way. A detailed description of the situation makes the work easier for us and saves time. The information we usually need is specified in the form here below. We ask that you fill it in and submit it when contacting us. Remember to contact us as well in advance as possible.

Reference guide for agreements (PDF, 113 kB, new window) (in Swedish)

Questions to answer prior to agreement review/drafting (Word, 16 kB, new window)

What is included in the legal review?

  • Who the correct parties to the agreement are
  • Terms and conditions concerning how and when payment will be made
  • Confidentiality
  • Management of intellectual property rights, e.g. rights to results
  • Publication
  • Liability for loss and damages
  • Applicable legislation and dispute settlement
  • Agreement term and termination

The Legal Division will also look at whether the terms and conditions are legitimate and consider applicable laws and if the project/collaboration is within the scope of the University’s remit and mandate.

What is NOT included in the legal review?

  • Establishing support for the project – the principal investigator/project manager is responsible for securing support for the project at department/faculty level
  • The content and delimitations of the project
  • Budget and financing issues
  • Issues concerning conflict of interest and secondary employment – the project manager is responsible for disclosing such circumstances
  • Personnel affiliation – people involved in the project must be employed by the University
  • Procurement – issues concerning procurement are to be discussed with Purchasing and Procurement
  • Premises and equipment – issues concerning premises and equipment are to be discussed with LU Estates.
  • Project management and organisation – Legal Services’ review only includes formal voting and veto rules

Is there a template agreement?

A well-composed agreement should reflect the situation it is to be used in. Therefore, all agreements will be different. However, in order to facilitate the process, we have developed template agreements for the most frequent agreement types at the University – click on the links below. If you have any questions concerning how to use the templates, please contact the Legal Division

Template agreements available in Swedish

Below you will find the template agreements available in Swedish. Each document opens as a new window.

Template agreements available in English

Below you will find the template agreements available in English. Each document opens as a new window.

Who signs?

The content of the agreement and its total value determines who is authorised to sign on behalf of Lund University. The Vice-Chancellor decision Rules on the allocation of decision-making powers at Lund University specifies who is authorised to sign in different situations.

Read more in the Rules on the allocation of decision-making powers at Lund University 2016 (PDF, 127,06 kB, new window) (in Swedish)

The person authorised to sign an agreement, in accordance with the regulations above, must always review the content of the agreement and decide whether the University should enter into it or not. This applies regardless of whether the agreement has been reviewed by the Legal Division. Agreements always contain material conditions which cannot be assessed by the Legal Division. The principal investigator/project manager is to make sure that there is sufficient supporting documentation, such as financial documents, documented support for the project at department/faculty level and any comments from the legal counsel responsible for the matter.

Document registration of the agreement

An agreement regarding a collaboration with an external party constitutes a matter at Lund University and must be registered at department or faculty level. Also, any correspondence between the Legal Division and the external party during the negotiations is to be registered as part of the matter. As the principal investigator or project manager, you are responsible for ensuring that this takes place. Contact the Lund University registrar’s office if you need more information.

Conflict of interest, secondary employment and engaging companies with ties to University staff

When working with an agreement, for example in the context of a collaboration with a company where an employee has business interests, you may need to discuss issues of conflict of interest and secondary employment, and the rules that apply when companies with ties to University staff are engaged. See the guidelines below.

Read more in the Decision concerning engagement of a legal person, on the Staff Pages (PDF, 34 kB, new window) (in Swedish)

Read more in the Regulations on secondary employment, (PDF, 82 kB, new window)

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Contact

For questions about agreements, contact:

Sanna Håkansson (Faculty of Science, LUCE)
Legal Counsel 
sanna.hakansson [at] legal.lu.se
+46 46 222 08 10

Carl Petersson (Faculty of Engineering, ER)
Legal Counsel 
carl.petersson [at] legal.lu.se,
+46 46 222 76 41

Sara Lindgren (Faculty of Medicine; Department of Clinical Sciences and Department of Health Sciences, Faculty of Social Sciences, Faculties of Humanities and Theology, School of Economics and Management, University specialised centres, Faculty of Law, Faculty of Fine and Performing Arts, University Administration)
Legal Counsel 
sara.lindgren [at] legal.lu.se,
+46 46 222 76 52

Henrik Wiebe (MAX IV, Faculty of Medicine; Department of Experimental Medical Science, Department of Translational Medicine and Department of Laboratory Medicine)
Legal Counsel 
henrik.wiebe [at] legal.lu.se
+46 46 222 08 90


 

Telephone: +46 (0)46-222 00 00 (switchboard)
Mailing adress: Box 117, 221 00 Lund, Sweden
Invoice adress: Box 188, 221 00 Lund, Sweden
Organisation number: 202100-3211

Site manager: staffpages [at] lu.se

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