Current legislation gives Universities the opportunity to enter into research and consultancy contracts and agreements.
Said agreements may be made with both public and private bodies in accordance with art. 66 of Presidential Decree 382/80 and art. 49 of the Consolidated Act of laws on Further Education.
Current legislation puts these activities on the same level as those carried out by a University using its structures on behalf of a third party, where the interest of the customer is paramount and not part of an institutional obligation of the Body.
For fiscal purposes the activity concerned is treated in the same way as a commercial activity.
In particular, a research contract entered into in accordance with the law mentioned above, must include the following instructions in addition to the requirements of the Civil Code for contracts in general:
- names of the parties and of their legal representatives;
- premises to the agreement;
- services which the parties undertake to carry out;
- name of the research headquarters and of the Scientific Manager
- any tasks to be assigned to third parties in terms of instrumental or accessory activities to support the main research;
- specific indication of the amounts to be paid to the University and method of payment;
- duration of the contract;
- possibility or exclusion of renewals or extensions;
- legal ownership of any patents that may stem from the research;
- confidentiality clause in relation to the object of the research and regulations on the publication of the research;
- competent court in case of disputes
The Legal Support Service is available for further advice on contract drafts