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Transfer: Science / Industry

Industry projects involve an exchange between HHU as a provider of research and development work or other services and a second organisation (normally a for-profit business) commissioning the University to perform the requested service for a fee.

In these cases, HHU presents itself as a business on the market and is obliged to act in accordance with the customary legal, fiscal and business practices.

In particular, the fee paid to HHU in exchange for its services must be in line with market standards. HHU is obliged to charge its contract partner an individual and appropriate profit margin in addition to the actual cost incurred while performing the contracted service.

Ownership of inventions and patents resulting from the contracted service is always to be transferred separately and to be charged at the normal market rate.

Please contact our contract lawyers at an early stage regarding R&D contracts or contracts on the application of already existing scientific knowledge, otherwise contact your contact persons listed in the table below directly!

Our contract lawyer is available to provide comprehensive advice on commercial, contractual and tax affairs.

The consultation is structured as follows:

• the intended project and its circumstances are discussed in detail;

• the cost of the project is calculated according to commercial standards;

• the appropriate draft contract is drawn up;

• tax implications are considered.

Following the consultation, you will be able to approach your contract partner with a well-prepared, precisely calculated project proposal and a concrete draft contract.

We will provide you with the latest relevant tool for calculating your industry project, an elaborated draft contract, and all other necessary documents within the framework of the consultation.

Please take note of your obligations under customs and export control law as soon as you initiate an economic project - information on this can be found on the Wiki pages of HHU’s Central Purchasing Department (D 5.2/Specialised Area Customs) at https://wiki.hhu.de/pages/viewpage.action?pageId=556304006 ("Imports into the customs territory of the European Union and exports to non-EU countries") and at https://wiki.hhu.de/display/D5S/D+5.2+Exports as well as at https://www.forschung.hhu.de/wissenschaftliche-integritaet/exportkontrolle ("Export and export control").

After all parties have signed the contract and the project has commenced, please ensure that no party to the contract deviates in any way from the terms or the project implementation that have been agreed upon. This includes you, your employees and everyone on your contract partner’s side. A project that is executed outside of the terms of its contract or the agreed project implementation may have negative consequences for the HHU under customs and/or export control laws, tax laws and/or state aid laws. Please discuss any intended modifications to the project that deviate from the contractual terms or the agreed project implementation with our contract lawyer first.

Type of economic activityContact persons
Paid research contracts, i.e. contracts that provide for the generation of new scientific knowledge by HHU for a client in return for payment ("research and development contract")Department 4: Unit 4.1
Ingo Gänsler / Nicolas Remkeit
Paid contracts for the application of already existing scientific knowledge, i.e. contracts that do not provide for the generation of new knowledge but for the application of existing knowledge by HHU for a client in return for payment (typical examples: analysing / measuring / generating known substances)Department 4: Unit 4.1
Ingo Gänsler / Nicolas Remkeit
Paid exploitation agreements regarding inventions and patents (licence agreements, transfer agreements)Department 4: Unit 4.1
Dr. Iris Ulrich / Andrea Daudert
EventsDepartment 5: Central Service Unit Taxes
Karin Schmelzer / Agnes Mailath
Sponsoring/advertising measures/authorisation of advertising measures on campus/other sponsoring contracts (e.g. filming on campus)Department 5: Central Service Unit Taxes
Karin Schmelzer / Agnes Mailath / Ercan Ekiz
Further education/scientific training (e.g. HZW, IGRaD, JUNO, certificate courses)/language courses/LLM degree programmes/exam acceptance/ PIA servicesDepartment 5: Central Service Unit Taxes
Karin Schmelzer /Ercan Ekiz
Sale of/granting of rights of use to objects/materials/rights/software
e.g. machines, equipment, already existing (biological) material, acquired or self-created software
Department 5: Central Service Unit Taxes
Karin Schmelzer / Agnes Mailath / Ercan Ekiz
Renting and leasing of land and parts of land, rooms (e.g. lecture halls, seminar rooms, hotel rooms and operating facilities/technology/equipment, space leases for mobile phone and photovoltaic systems, charging stations, etc.)Department 6.3: (separate business process); D6.3 is responsible for involving the Staff Unit Legal Affairs and the Central Service Unit Taxes in accordance with this business process. 
Cost transfers (material and personnel costs), also to the UKD including the Faculty of Medicine (e.g. cost transfers of the faculties for the use of large equipment, cost transfers of the ULB and the ZIM to the Faculty of Medicine)Department 5: Central Service Unit Taxes
Karin Schmelzer / Agnes Mailath / Ercan Ekiz
Other services, unless they are research-related (please see above), including charging third parties with costs and services, services of the ULB, services of the central facilities to third parties (e.g. printing, holiday care)Department 5: Central Service Unit Taxes
Karin Schmelzer / Agnes Mailath / Ercan Ekiz
Services of the MACH Competence Centre (MKZ) for other universitiesDepartment 5: Central Service Unit Taxes
Karin Schmelzer / Ercan Ekiz
Staff seconded by the university to third parties, joint appointments, secondments and personnel leasing to other institutionsDepartment 5: Central Service Unit Taxes
Karin Schmelzer
Charging third parties with costs and production of energy/operation of photovoltaic systems/operation of charging stations etc.Department 5: Central Service Unit Taxes
Karin Schmelzer / Agnes Mailath / Ercan Ekiz
Donation contracts, contracts for endowed professorships
 
Department 5: Central Service Unit Taxes
Karin Schmelzer
Ancillary transactions (e.g. sale of fixed assets and sale of software)
 
Department 5: Central Service Unit Taxes
Karin Schmelzer/Agnes Mailath/Ercan Ekiz
Aob
 
Department 5: Central Service Unit Taxes
Karin Schmelzer/Agnes Mailath/Ercan Ekiz
Contracts to be notarised (e.g. land purchases, acquisition and sale of company shares) and other contracts with associated companiesStaff Unit Legal Affairs (integrates Central Service Unit Taxes for the purpose of tax auditing)