Template for agreement on industry-employed doctoral students

One method of financing third-cycle studies is if a doctoral student has the opportunity to study within the framework of employment outside Lund University; these students are referred to as industry-employed doctoral students. This type of study often begins with a discussion at the company where the individual works in which an interest in third-cycle studies is raised. If the employer considers it appropriate that this happens within the framework of employment at the company, then an agreement on a place as an industry-employed doctoral student may be drawn up. The employer does not need to be a company in the private sector; it could be a public sector institution, a school or another higher education institution. For an individual to be admitted to third-cycle studies with funding as an industry-employed doctoral student, there must be an agreement which regulates the employers and LTHs powers and responsibilities. Below is a template for an agreement which may be used. Decisions on admission are taken by the Dean of LTH on the recommendation of the head of department. Any departures from the agreement below shall be indicated in the information provided to the Dean of LTH. This agreement template has been drawn up in collaboration with the Legal Division at Lund University. Departments may contact the Legal Division for additional help in these matters. In the template, text in italics is comments and is to be either replaced with the applicable text or deleted.

Agreement on education of industry-employed doctoral student

between Lund University, Department of XXXX at the Faculty of Engineering, hereafter called LU, and company name , (CIN), address hereafter called the Company, each called the Party and together called the Parties, have made the following agreement on the education of an industry-employed doctoral student employed at the Company.

Admission to third-cycle studies is formalised in a separate decision. This agreement is valid only on the condition that the Doctoral Student is admitted to third-cycle studies at LU by [..date]. 1. Background 1.1 The Company has an employee, [..name], who meets the admission requirements in the general syllabus for [.....subject], and who has expressed a desire and willingness to undertake third-cycle studies, hereafter called the Doctoral Student. 1.2 The Company intends to contribute to the funding of the Doctoral Students third-cycle studies within the framework of a specific project (the Project) in accordance with the individual study plan. 1.3 LU has judged that the Doctoral Student is suitable and qualified to be admitted to third-cycle studies in [.....subject] at LU. 1.4 LU has access to a supervisor with a relevant research specialisation who can be made available. Supervisors are appointed by LU. For the Project, [name] is principal supervisor and [name] is supervisor. 1.5 The Parties have now agreed the following: 2. Undertakings 2.1 LU undertakes, on the condition that the Doctoral Student is admitted to third-cycle studies at LU by [date], to make the principal supervisor available to the Doctoral Student for the Project designed by the Parties in accordance with the attached individual study plan for a period corresponding to a maximum of four (4) years of full-time study in accordance with acts, ordinances, regulations and other rules and decisions that apply to third-cycle studies at LU and to ensure that the research meets quality requirements set by LU. The research is to be carried out at the Department of XXXX (the Department). 2.2 The Department provides the Doctoral Student with a place to work and access to a computer, in accordance with the applicable rules and regulations at LU/the Department, and other general work aids for research activities, for example access to equipment for laboratory studies, photocopying, etc. 2.3 The Company undertakes to pay all the Doctoral Students salary and employment costs during the Doctoral Students third-cycle studies, including travel expenses and subsistence allowance. The Doctoral Student is employed by the Company with assigned duties in accordance with the project plan (appendix A); at least XX %

(between 50 and 100 %) of the Doctoral Students working time shall be earmarked for third-cycle studies. 2.4 The Company has appointed [name] as contact person. The contact person represents the Company in matters concerning the Project and the Doctoral Students third-cycle studies. It is recommended that this contact person is also appointed assistant supervisor for the Doctoral Student. 3. Confidentiality 3.1 Confidential Information is information which the disclosing Party has shared during the Project and which: - has clearly been labelled as Confidential Information; or - if given orally, has been stated as Confidential Information at the time and noted in writing and labelled as Confidential Information within thirty (30) days. 3.2 3.3 All Confidential Information which one Party has received from the other Party remains the property of the disclosing Party. The Parties commit not to disclose Confidential Information to any third party. The receiving Party also commits not to use Confidential Information for any purpose other than in accordance with this Agreement without the written approval of the other Party. The receiving Party shall take all reasonable measures to ensure that the confidential nature of Confidential Information is not jeopardised. The receiving Party may only disclose Confidential Information to employees who need the information for the completion of the Project. The receiving Party is responsible for ensuring that the individuals who have received Confidential Information observe the stipulations in this Agreement. The undertakings under point 3 do not, however, apply to information: - which at the time of disclosure was generally known or which later became generally known in a way which did not violate this Agreement; - which the receiving Party can show was known to it before its disclosure; - of which the receiving Party was duly informed independent of the other Party; and/or - which a Party is obliged to disclose under a law or court decision.

3.4

3.5

3.6

The conditions concerning Confidential Information apply for the duration of the Project and for three (3) years from the expiry of the agreement, up to a maximum of ten (10) years from the time that the Confidential Information was disclosed to the receiving Party.

4. Publication 4.1 The Company is aware that the Project is to result in a thesis which is presented at the Department and published. In addition, an important part of the Doctoral Students third-cycle studies comprises publication of his or her research results in research articles or at symposia. 4.2 Results shall be published in accordance with good international standards for publication of research results. 4.3 The Company shall be offered the opportunity to review material for a maximum of thirty (30) days before publication or other disclosure. If the material contains information on Results, publication may be delayed for a maximum of three months from the date the Company received the material in order to obtain protection of intellectual property. 5. Rights to Results 5.1 Results refers to all information that arises from the completion of the Project which may be subject to protection of intellectual property, irrespective of whether it is protected as intellectual property without prior application or registration or not. 5.2 The Doctoral Student is employed at the Company and therefore the rules that apply at the Company on inventions and ownership of Results apply to the Doctoral Students Results. 5.3 Results may be used freely in teaching and in the Parties research and development work. 5.4 In cases where the Doctoral Student and an employee at LU have jointly carried out the work which generated the Results, the Results shall be owned jointly by the Doctoral Student or the Company depending on who has ownership rights in accordance with the rules under point 5.2 and the creator of the Results employed at LU. The owners of such joint Results shall make a written agreement on how the ownership rights to the Results are to be divided and how the ownership rights are to be exercised.

6. Costs, payment and accounting 6.1 The Company reimburses LU SEK ZZZ 000 excluding VAT per year for costs of the Project. The costs are invoiced once a quarter in advance. Payment due within 30 days. 6.2 The Companys invoice address is: [address] 7. Responsibility 7.1 The Company is responsible for and holds third-party liability insurance for the Doctoral Student while he or she is working on the Departments premises. 7.2 LU is responsible for coordinating measures to protect against illness and accidents for the Doctoral Students work at the Department in accordance with the Work Environment Act (1977:1160). LU shall ensure that the Doctoral Student receives necessary information about the work environment and safety regulations which apply to the operations within the Doctoral Students field of work. 7.3 The Company is aware that LUs operations are education and research. LU therefore bears no financial responsibility for Results. 8. Agreement period and cancellation 8.1 This agreement enters into force once it has been signed by all parties and the Doctoral Student has been admitted to third-cycle studies at the Department. 8.2 The agreement ceases to apply once the studies are completed and the intended degree has thus been achieved. If the Doctoral Students third-cycle studies are delayed for reasons given in Chapter 6 Section 29 second paragraph of the Higher Education Ordinance (1993:100), the agreement is extended for a corresponding period of time. 8.3 Should a Party be prevented from fulfilling its part of the agreement by circumstances beyond its control, e.g. the Doctoral Student voluntarily drops out, then the right to supervision and other resources etc. ceases. Each Party has the right to cancel the agreement with three (3) months notice. LU then has the right to claim reasonable winding up costs.

8.4 If a Party has significantly violated the agreement and after a written exhortation has not taken corrective action within thirty (30) days, the other Party has the right to cancel the agreement with five (5) days notice. 9. Force majeure 9.1 Neither of the Parties is liable to compensate the other if the Party is prevented from carrying out its undertakings owing to circumstances which could not have been foreseen and the detrimental effects of which could not reasonably have been eliminated.

10. Amendments 10.1 Amendments to this agreement shall be made in writing and signed by all parties in order to apply. 11. Disputes 11.1 Disputes relating to this agreement shall first and foremost be resolved through negotiation between the Parties and secondly through arbitration in accordance with the rules of the Arbitration Institute of the Stockholm Chamber of Commerce on the simplified arbitration procedure. The arbitration shall take place in Lund.

This agreement has been drawn up in two copies of which the Parties have each retained one. Lund, ___________ Lund University _____________________ The Company

Dean

The doctoral student has read and understood the above:

XXXX Doctoral student