A consortium agreement is a crucial document that outlines the terms and conditions for collaboration between various organizations or institutions. The DESCA model is a standard template for drafting consortium agreements among European research organizations.
The DESCA model stands for “Development of a Simplified Consortium Agreement,” which was introduced in 2009 by the European Commission to streamline the process of creating consortium agreements. It can be used for any European Union-funded research project involving two or more organizations.
The main objective of the consortium agreement is to clarify the roles, responsibilities, and obligations of each partner in the consortium. It specifies the rules that will govern the consortium, such as how decisions will be made, how intellectual property rights will be managed, how financial matters will be handled, and what happens if a partner withdraws from the consortium.
The consortium agreement also aims to ensure fair and equitable distribution of risks and rewards among the partners. It is advisable that all partners seek legal advice before signing the agreement to ensure their interests are protected.
The DESCA model is a simplified version of the traditional consortium agreement, which is complex and often time-consuming to draft. It is designed to be user-friendly, clear, and concise, making it easier for partners to understand and negotiate.
The DESCA model comprises several sections, including the introduction, definitions, objectives, management structure, intellectual property, liability, dispute resolution, termination, and annexes. The introduction provides an overview of the consortium and the purpose of the agreement, while the definitions clarify the terms used in the agreement.
The management structure section outlines the roles and responsibilities of each partner in the consortium. It specifies the decision-making processes and procedures, including how voting will be conducted. The intellectual property section deals with the ownership and management of intellectual property rights resulting from the project.
The liability section outlines the liabilities of the partners in the consortium and how they will be indemnified, while the dispute resolution section provides mechanisms for resolving disputes that may arise during the project. The termination section deals with the circumstances under which the agreement may be terminated, while the annexes provide additional information and details on specific issues.
In conclusion, a consortium agreement is crucial for the success of any research project involving multiple partners. The DESCA model provides a simplified template that makes drafting and negotiating a consortium agreement faster and easier. However, it is important that each partner seeks legal advice before signing the agreement to ensure their interests are protected.
