Re: IP Question Herbert B. Chermside 06 Dec 2001 11:51 EST
Ruth, you may want to look at this as a possible conflict of interests issue, if the PI specifies the use of a program for which the grant must pay him a royalty or service fee. Or if the grant enhances the value of a product which he owns. COI might be reduced if he allows the grant to use it for no cost, and then free market would set a value for users other than himself -- if any. Chuck At 10:29 AM 12/6/01 -0500, you wrote: >Good Morning, > >We have a "sticky" situation regarding intellectural property and I >would appreciate your counsel. One of our faculty came to Lehigh with a >commercial software product which he will be using and improving through >his research activities at Lehigh. The ownership of the product and >future enhancements has been reviewed, discussed and documented. The >faculty member owns it and Lehigh doesn't want any rights now or in the >future. > >Here's the sticky part: the faculty member wants to charge his grants a >license fee for two copies of the software each year. I consider this >"sticky" because I'm not sure that there is a large market for the >software or if it is being marketed, at all. Also, from the prior >discussions, it was clear that the software will continually be enhanced >and expanded through his work. What should I do: make sure there are >other customers for/users of the software and that the grants are not >the only paying "customers"? Confirm that the software is being >enhanced though the work, and then restrict the license to only the >first year for the initial "version" of the software? > >Your input would be appreciated. > >Ruth > >Ruth Tallman >Office of Research and Sponsored Programs >Lehigh University >526 Brodhead Avenue >Bethlehem, PA 18015 >Phone: (610)758-3024 >FAX: (610)758-5994 >E-mail: xxxxxx@lehigh.edu > > >====================================================================== > Instructions on how to use the RESADM-L Mailing List, including > subscription information and a web-searchable archive, are available > via our web site at http://www.hrinet.org (click on "Listserv Lists") >====================================================================== Herbert B. Chermside, CRA Director, Sponsored Programs Administration Virginia Commonwealth University PO BOX 980568 Richmond, VA 23298-0568 Express Delivery Only: Sanger Hall, Rm. 1-032A 11th & Marshall Streets Richmond, VA 23219 Voice: 804-828-6772 Fax 804-828-2521 OFFICE e-mail xxxxxx@VCU.EDU Personal e-mail xxxxxx@vcu.edu http://views.vcu.edu/ospa/ ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================