Model Form of Contract for Commissioned Development

Scope of the model contract:

The model form is meant for situations where 2 parties agree on development work to be undertaken by one party and to be paid by the other party. The party responsible for the development work must be a party which restricts its business to performing development work for third parties and which does not aim to exploit the results of its work, except for undertaking further research and development work. The model form takes the requirements of the EU Regulation 2023/1066 on research and development contracts into account.

The model form must not be used where both parties contribute to the development work.

Among the different issues covered by this publication are the choice between an obligation of the developing party to guarantee a specific result within a certain deadline or to make a best effort to present such a result, the choice between performing the development work for a lump sum or on a time and cost basis, the use of information of either party already existing before entering into the contract, the rights to the results of the development work, the extent to which the developing party will be entitled to carry out development work for third parties and the consequences of termination of the contract for default by either party.

The publication is sold in electronic format from the Orgalim member association(s) based in your country (full details here). If you are based outside these countries, please contact legal.publications@orgalim.eu