I haven't dealt with this company but I frequently hear this
rationalization when negotiating industry agreements. I always attempt to
check into it. I generally find that, in order of most common occurrence:
1. It hasn't been accepted by anyone else (or it is still pending).
2. It has been accepted but material changes to the terms were made.
3. It has been accepted but the nature of the research at the other
institution is such that it is virtually certain that no IP will result
from the work.
4. It has been accepted.
Number 4 is very uncommon, but even if another institution has accepted
unfavorable terms we still negotiate. I argue from the perspective of our
own laws, regulations, policies, etc which would preclude acceptance of
this language. We avoid setting a precedent like this at all costs even
if no IP of any value is anticipated.
Jeff Myers
SIU
At 04:33 PM 7/18/00 -0700, Sharon Kuhlenschmidt wrote:
>We have received an agreement from Alcatel USA Sourcing, L. P. that
>includes clauses giving them all rights, title and interest in the
>project, documentation and any inventions (patentable or unpatentable),
>copyrights,...
>
>The company will not budge on this point and says that other
>Universities (they specifically mentioned "Texas") have accepted their
>language. I would greatly appreciated hearing from any of you who have
>interacted with this company specifically on the ownership issue.
>
>Thanks!
>
>Sharon Kuhlenschmidt
>Grants Development Analyst
>Building 38 Room 152
>California Polytechnic State University
>San Luis Obispo, CA 93407
>(805) 756-5963
>fax: 805/ 756-5466
>e-mail: xxxxxx@calpoly.edu
>
>
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