Contract for the commissioning of a development

ORGALIM 2024

currently only available in English.

Model Form of Contract for Commissioned Development

The model form of contract is intended for cases in which two parties agree on development work to be carried out by one party and paid for by the other party. The party commissioned to carry out the development work must be a party whose activities are limited to carrying out development work for third parties and who does not intend to exploit the results of its work unless it carries out further research and development work. The model form takes into account the requirements of EU Regulation 2023/1066 on research and development contracts.
The model form may not be used if both parties contribute to the development work.
The various issues addressed in this publication include the choice between an obligation on the developing party to guarantee a certain result within a certain period or to use its best endeavors to produce such a result, the choice between carrying out the development work for a lump sum or on a time and cost basis, the use of information of either party that was already available prior to the conclusion of the contract, the rights to the results of the development work, the extent to which the developing party is entitled to carry out development work for third parties, and the consequences of termination of the contract in the event of non-performance by one of the parties.