15 Sep Cooperation Agreement Between Universities
In the context of international cooperation between two higher education providers, it is desirable that the parties negotiate a confidentiality agreement before the start of formal discussions. Again, one may wonder what the weight of a confidentiality agreement is, given that it can be difficult to implement, but experience shows that a confidentiality agreement can help to focus the minds of the parties on the need for appropriate procedures to protect confidential information that is transmitted to each other during due diligence. In addition to the disclosure of confidential information by the other Party, the agreement should also aim to establish minimum standards to ensure information security. Such an agreement cannot be used to prevent the staff themselves from moving (this would be both a restriction on trade and a violation of the principles of academic freedom), although the parties may prevent each other from actively addressing such staff. In addition to international cooperation, coordinated by specific third-party funding programmes, CEU maintains a number of relationships with national and international universities and institutions with a view to developing joint research and education activities and promoting exchanges between professors and students. These relations are formally recognised by the signing of cooperation agreements. The extent of the activities provided for in the Agreement shall be determined by the means regularly available to the two institutions for the type of cooperation and by the financial assistance that both institutions may receive from external sources. This agreement must not involve a specific financial commitment from either party. The cooperation agreement defines the main conditions and obligations of the parties. It is the document that governs cooperation.
The Memorandum of Understanding is generally used as a basis for drawing up the Cooperation Agreement. One of the keys to developing a successful cooperation agreement is to ensure that there is a good level of cooperation between the lawyer drafting the agreement and the manager responsible for the cooperation. There are a number of risks that a lawyer can reduce without the intervention of the institution, but the cooperation agreement is most effective when designed with that specific cooperation in mind. That is why it is almost never appropriate to use a standard agreement for international cooperation. There are a large number of issues that need to be addressed in the cooperation agreement.