I made our VP for Academic Affairs (=Provost) aware of the Constitution Day requirement, and we discussed the amount of federal funding our school has and the risk of noncompliance vs. the effort required to comply. He decided to ask the History Department to come up with a program, possibly to consist of a display and brown-bag lunch discussion that students/faculty/staff who are interested can attend. Landy __________________________ Landy C. Johnson, MPA, Ph.D. Director of Grant Development Assumption College, Fuller 106 500 Salisbury St. Worcester, MA 01609-1296 (508)767-7666 xxxxxx@assumption.edu -----Original Message----- From: Research Administration List [mailto:xxxxxx@HRINET.ORG] On Behalf Of RESADM-L automatic digest system Sent: Wednesday, June 29, 2005 12:00 AM To: xxxxxx@HRINET.ORG Subject: RESADM-L Digest - 27 Jun 2005 to 28 Jun 2005 (#2005-129) There are 8 messages totalling 1224 lines in this issue. Topics of the day: 1. Grant administration form 2. Terms and Conditions Clause - Payment for AEs 3. Creative solutions to IP... (2) 4. Seeking feedback on GAMS and RAMS eRA systems 5. Constitution Day (2) 6. Grant Writer ---------------------------------------------------------------------- Date: Tue, 28 Jun 2005 10:43:26 -0400 From: Christy Jarrett <xxxxxx@AOL.COM> Subject: Grant administration form ----------MailBlocks_8C74A06E053BDF1_4C4_4118_MBLK-M28.sysops.aol.com Content-Type: text/plain; charset="us-ascii" I am needing a spreadsheet to assist in managing grants. I need a form that has date inputs for tracking the progess of funding reports, etc. Does anyone have a template that they would care to share? Thanks, Christy Jarrett President Jarrett & Associates xxxxxx@aol.com ====================================================================== 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") ====================================================================== ----------MailBlocks_8C74A06E053BDF1_4C4_4118_MBLK-M28.sysops.aol.com Content-Type: text/html; charset="us-ascii" <HTML><BODY><DIV style='font-family: "Verdana"; font-size: 10pt;'><DIV>I am needing a spreadsheet to assist in managing grants. I need a form that has date inputs for tracking the progess of funding reports, etc. Does anyone have a template that they would care to share?</DIV> <DIV> </DIV> <DIV>Thanks,</DIV> <DIV> </DIV> <DIV>Christy Jarrett</DIV> <DIV>President</DIV> <DIV>Jarrett & Associates</DIV> <DIV><A href="mailto:xxxxxx@aol.com">xxxxxx@aol.com</A></DIV> <DIV><BR> </DIV></DIV></BODY></HTML> <p> ====================================================================== 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") ====================================================================== ----------MailBlocks_8C74A06E053BDF1_4C4_4118_MBLK-M28.sysops.aol.com-- ------------------------------ Date: Tue, 28 Jun 2005 12:43:55 -0400 From: Jon Hart <xxxxxx@MAIL.ROCKEFELLER.EDU> Subject: Terms and Conditions Clause - Payment for AEs This is a multi-part message in MIME format. ------=_NextPart_000_0025_01C57BDF.0BD7C260 Content-Type: multipart/alternative; boundary="----=_NextPart_001_0026_01C57BDF.0BDC7D50" ------=_NextPart_001_0026_01C57BDF.0BDC7D50 Content-Type: text/plain; charset="US-ASCII" Content-Transfer-Encoding: quoted-printable Have any of you successfully negotiated language in a Terms and = Conditions (this is a large grant) which stipulates that the institution cover the = cost of Adverse Events in human subjects research by anyone participating in = the research? (this could also mean nurses, etc.) Our malpractice = insurance will not cover this and we are trying to figure out (1) how we can cover = it (we are not adverse to the idea); or, if not possible, (2) what language = we might suggest that would be acceptable. I am asking your help on (2) = above. You may respond to me off-line if you wish. Thank you! =20 Jon Elizabeth Hart, MPA, CIP Senior Director, Sponsored Programs Administration Senior Director, Human Subjects Protections Program The Rockefeller University 1230 York Ave., NY, NY 10021-6399 tel: (212) 327-8054; fax: (212) 327-8400 email: xxxxxx@rockefeller.edu=20 =20 =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D 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") =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D ------=_NextPart_001_0026_01C57BDF.0BDC7D50 Content-Type: text/html; charset="US-ASCII" Content-Transfer-Encoding: quoted-printable <html> <head> <META HTTP-EQUIV=3D"Content-Type" CONTENT=3D"text/html; = charset=3Dus-ascii"> <meta name=3DGenerator content=3D"Microsoft Word 10 (filtered)"> <style> <!-- /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {margin:0pt; margin-bottom:.0001pt; font-size:12.0pt; font-family:"Times New Roman";} a:link, span.MsoHyperlink {color:blue; text-decoration:underline;} a:visited, span.MsoHyperlinkFollowed {color:purple; text-decoration:underline;} p {margin-right:0pt; margin-left:0pt; font-size:12.0pt; font-family:"Times New Roman";} span.EmailStyle17 {color:black;} @page Section1 {size:612.0pt 792.0pt; margin:72.0pt 90.0pt 72.0pt 90.0pt;} div.Section1 {page:Section1;} --> </style> <style> p.MsoNormal {margin-left:37.5pt;} </style> </head> <body bgcolor=3Dwhite background=3D"cid:image001.jpg@01C57BDF.0B1B5030" = lang=3DEN-US link=3Dblue vlink=3Dpurple = style=3D'margin-left:37.5pt;margin-top:15.0pt'> <div class=3DSection1> <p class=3DMsoNormal><font size=3D3 color=3Dblack face=3D"Times New = Roman"><span style=3D'font-size:12.0pt;color:black'>Have any of you successfully = negotiated language in a Terms and Conditions (this is a large grant) which = stipulates that the institution cover the cost of Adverse Events in human subjects research by anyone participating in the research? (this could also = mean nurses, etc.) Our malpractice insurance will not cover this and we = are trying to figure out (1) how we can cover it (we are not adverse to the idea); = or, if not possible, (2) what language we might suggest that would be = acceptable. I am asking your help on (2) above. You may respond to me off-line = if you wish. Thank you!</span></font></p> <p class=3DMsoNormal><font size=3D3 color=3Dblack face=3D"Times New = Roman"><span style=3D'font-size:12.0pt;color:black'> </span></font></p> <div> <p class=3DMsoNormal><font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:black'>Jon Elizabeth Hart, MPA, = CIP</span></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:black'>Senior Director, Sponsored = Programs Administration</span></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:black'>Senior Director, Human Subjects Protections Program</span></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:black'>The </span></font><font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size:10.0pt;font-family:Arial; color:black'>Rockefeller</span></font><font size=3D2 color=3Dblack = face=3DArial><span style=3D'font-size:10.0pt;font-family:Arial;color:black'> = </span></font><font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size:10.0pt;font-family:Arial; color:black'>University</span></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:black'>1230 York = Ave.</span></font><font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size:10.0pt;font-family:Arial; color:black'>, </span></font><font size=3D2 color=3Dblack = face=3DArial><span = style=3D'font-size:10.0pt;font-family:Arial;color:black'>NY</span></font >= <font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size:10.0pt;font-family:Arial; color:black'>, </span></font><font size=3D2 color=3Dblack = face=3DArial><span = style=3D'font-size:10.0pt;font-family:Arial;color:black'>NY</span></font >= <font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size:10.0pt;font-family:Arial; color:black'> </span></font><font size=3D2 color=3Dblack = face=3DArial><span = style=3D'font-size:10.0pt;font-family:Arial;color:black'>10021-6399</spa n= ></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:black'>tel: (212) 327-8054; = fax: (212) 327-8400</span></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dblack face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:black'>email: <a href=3D"mailto:xxxxxx@rockefeller.edu">xxxxxx@rockefeller.edu</a></s p= an></font><font size=3D2 color=3D"#006666" face=3DArial><span = style=3D'font-size:10.0pt;font-family: Arial;color:#006666'> </span></font></p> </div> <p><font size=3D2 color=3D"#006666" face=3DArial><span = style=3D'font-size:10.0pt; font-family:Arial;color:#006666'> </span></font></p> </div> </body> </html> <p> =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D 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") =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D ------=_NextPart_001_0026_01C57BDF.0BDC7D50-- ------=_NextPart_000_0025_01C57BDF.0BD7C260 Content-Type: image/jpeg; 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charset="us-ascii"; format=flowed Greetings from NDSU! In a discussion yesterday with a large corporation on a pending Master Agreement, we were informed that this corporation had active research projects with other public universities that were more flexible with IP issues. I offered to view the language that other institutions had been able to agree to, to see whether or not there were other creative ways of reaching agreement on issues other than what we were already trying. They are discussing internally whether or not to share the language that they have been able to negotiate with these other institutions with us. They were not willing to identify the institutions. I offered to contact my colleagues in higher ed for some feedback, too... The bottom line is the same story...the company insists that since they are paying for all the research, they should be able to own and control the use of the IP without negotiating an exclusive license - they want a royalty free, nonexclusive license to practice University solely owned inventions which may result from the research for commercial purposes. And they want to preclude NDSU from offering jointly or solely owned inventions which may result from the research to any of their competitors. We have gone through the usual arguments, including Rev. Proc. 97-14 (since most of the anticipated research would be done in a bond financed facility), to really no avail. They really want a work-for-hire arrangement similar to a private consultant. This situation is further impacted by the fact that this company is also renting space at our Tech Park, waiting for the new incubator to be built, at which time they may occupy a considerable amount of its space. Even though the Tech Park and the university are separate entities, the company views their contributions to research projects and their contributions to operating (i.e. rent) as an aggregate contribution, for which special consideration should be given. So, my question is, what have others been able to do, that is more creative than what's mine is mine, yours is yours, and ours is ours, with a first option to negotiate a royalty bearing exclusive license to University IP? We have offered to include language that indicates that if we are unable to reach agreement on a license, we will not offer it to others on more favorable terms, although that was not viewed as sufficient. Any comments, suggestions and/or thoughts would be greatly appreciated! And if you have language you could/would share, that would be appreciated, too! Many thanks! Val Kettner North Dakota State University xxxxxx@ndsu.edu (701) 231- 9608 ====================================================================== 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") ====================================================================== --=====================_13784941==.ALT Content-Type: text/html; charset="us-ascii" <html> <body> Greetings from NDSU!<br><br> In a discussion yesterday with a large corporation on a pending Master Agreement, we were informed that this corporation had active research projects with other public universities that were more flexible with IP issues. I offered to view the language that other institutions had been able to agree to, to see whether or not there were other creative ways of reaching agreement on issues other than what we were already trying. They are discussing internally whether or not to share the language that they have been able to negotiate with these other institutions with us. They were not willing to identify the institutions. I offered to contact my colleagues in higher ed for some feedback, too...<br><br> The bottom line is the same story...the company insists that since they are paying for <u>all</u> the research, they should be able to own and control the use of the IP without negotiating an exclusive license - they want a royalty free, nonexclusive license to practice University solely owned inventions which may result from the research for commercial purposes. And they want to preclude NDSU from offering jointly or solely owned inventions which may result from the research to any of their competitors.<br><br> We have gone through the usual arguments, including Rev. Proc. 97-14 (since most of the anticipated research would be done in a bond financed facility), to really no avail. They really want a work-for-hire arrangement similar to a private consultant. This situation is further impacted by the fact that this company is also renting space at our Tech Park, waiting for the new incubator to be built, at which time they may occupy a considerable amount of its space. Even though the Tech Park and the university are separate entities, the company views their contributions to research projects and their contributions to operating (i.e. rent) as an aggregate contribution, for which special consideration should be given.<br><br> So, my question is, what have others been able to do, that is more creative than what's mine is mine, yours is yours, and ours is ours, with a first option to negotiate a royalty bearing exclusive license to University IP? We have offered to include language that indicates that if we are unable to reach agreement on a license, we will not offer it to others on more favorable terms, although that was not viewed as sufficient.<br><br> Any comments, suggestions and/or thoughts would be greatly appreciated! And if you have language you could/would share, that would be appreciated, too!<br><br> Many thanks!<br><br> Val Kettner<br> North Dakota State University<br> xxxxxx@ndsu.edu<br> (701) 231- 9608</body> </html> <p> ====================================================================== 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") ====================================================================== --=====================_13784941==.ALT-- ------------------------------ Date: Tue, 28 Jun 2005 11:29:10 -0600 From: John Sites <xxxxxx@USU.EDU> Subject: Re: Creative solutions to IP... This is a multi-part message in MIME format. ------_=_NextPart_001_01C57C06.F09AB274 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: quoted-printable Val, =20 While working at another institution, we ran into a similar situation. When we pressed the company for details, we learned that the agreements they were referencing had been negotiated before the IP related IRS change had been implemented. =20 It took over 6 months to negotiate, but in the end we were able to grant them an initial discount on royalty payments - a.k.a. "honeymoon period" - until they recovered the initial investment, at which time the rate returned to the appropriate market driven level. This scenario worked quite well as it was viewed as a "win-win." In those instances where the life cycle of the technology may be relatively short, the company can theoretically recover the initial investment and protect the technology through an exclusive license at the same time without placing the university in a situation that may endanger its non-profit status and/or bond holders. =20 I'm sure some of our more IP savvy colleagues can add some additional guidance and recommendations =20 john =20 =20 ___________________________________________ John D. Sites, Jr., CRA Senior Contract Administrator =20 Utah State University Sponsored Programs Office =20 =20 ________________________________ From: Research Administration List [mailto:xxxxxx@HRINET.ORG] On Behalf Of Val Kettner Sent: Tuesday, June 28, 2005 10:43 AM To: xxxxxx@HRINET.ORG Subject: [RESADM-L] Creative solutions to IP... =20 Greetings from NDSU! In a discussion yesterday with a large corporation on a pending Master Agreement, we were informed that this corporation had active research projects with other public universities that were more flexible with IP issues. I offered to view the language that other institutions had been able to agree to, to see whether or not there were other creative ways of reaching agreement on issues other than what we were already trying. They are discussing internally whether or not to share the language that they have been able to negotiate with these other institutions with us. They were not willing to identify the institutions. I offered to contact my colleagues in higher ed for some feedback, too... The bottom line is the same story...the company insists that since they are paying for all the research, they should be able to own and control the use of the IP without negotiating an exclusive license - they want a royalty free, nonexclusive license to practice University solely owned inventions which may result from the research for commercial purposes. And they want to preclude NDSU from offering jointly or solely owned inventions which may result from the research to any of their competitors. We have gone through the usual arguments, including Rev. Proc. 97-14 (since most of the anticipated research would be done in a bond financed facility), to really no avail. They really want a work-for-hire arrangement similar to a private consultant. This situation is further impacted by the fact that this company is also renting space at our Tech Park, waiting for the new incubator to be built, at which time they may occupy a considerable amount of its space. Even though the Tech Park and the university are separate entities, the company views their contributions to research projects and their contributions to operating (i.e. rent) as an aggregate contribution, for which special consideration should be given. So, my question is, what have others been able to do, that is more creative than what's mine is mine, yours is yours, and ours is ours, with a first option to negotiate a royalty bearing exclusive license to University IP? We have offered to include language that indicates that if we are unable to reach agreement on a license, we will not offer it to others on more favorable terms, although that was not viewed as sufficient. Any comments, suggestions and/or thoughts would be greatly appreciated! And if you have language you could/would share, that would be appreciated, too! Many thanks! Val Kettner North Dakota State University xxxxxx@ndsu.edu (701) 231- 9608 =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D 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") =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D 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") =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D ------_=_NextPart_001_01C57C06.F09AB274 Content-Type: text/html; charset="us-ascii" Content-Transfer-Encoding: quoted-printable <html xmlns:v=3D"urn:schemas-microsoft-com:vml" = xmlns:o=3D"urn:schemas-microsoft-com:office:office" = xmlns:w=3D"urn:schemas-microsoft-com:office:word" = xmlns:st1=3D"urn:schemas-microsoft-com:office:smarttags" = xmlns=3D"http://www.w3.org/TR/REC-html40"> <head> <META HTTP-EQUIV=3D"Content-Type" CONTENT=3D"text/html; = charset=3Dus-ascii"> <meta name=3DGenerator content=3D"Microsoft Word 11 (filtered medium)"> <!--[if !mso]> <style> v\:* {behavior:url(#default#VML);} o\:* {behavior:url(#default#VML);} w\:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]--><o:SmartTagType namespaceuri=3D"urn:schemas-microsoft-com:office:smarttags" = name=3D"PlaceType"/> <o:SmartTagType = namespaceuri=3D"urn:schemas-microsoft-com:office:smarttags" name=3D"PlaceName" downloadurl=3D"http://www.5iantlavalamp.com/"/> <o:SmartTagType = namespaceuri=3D"urn:schemas-microsoft-com:office:smarttags" name=3D"place" downloadurl=3D"http://www.5iantlavalamp.com/"/> <!--[if !mso]> <style> st1\:*{behavior:url(#default#ieooui) } </style> <![endif]--> <style> <!-- /* Font Definitions */ @font-face {font-family:Tahoma; panose-1:2 11 6 4 3 5 4 4 2 4;} /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {margin:0in; margin-bottom:.0001pt; font-size:12.0pt; font-family:"Times New Roman";} a:link, span.MsoHyperlink {color:blue; text-decoration:underline;} a:visited, span.MsoHyperlinkFollowed {color:purple; text-decoration:underline;} span.EmailStyle17 {mso-style-type:personal-reply; font-family:Arial; color:navy;} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.25in 1.0in 1.25in;} div.Section1 {page:Section1;} --> </style> </head> <body lang=3DEN-US link=3Dblue vlink=3Dpurple> <div class=3DSection1> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'>Val,</span></font><o:p></o:p></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'> </span></font><o:p></o:p></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'>While working at another = institution, we ran into a similar situation. When we pressed the company for = details, we learned that the agreements they were referencing had been negotiated = before the IP related IRS change had been = implemented.</span></font><o:p></o:p></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'> </span></font><o:p></o:p></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'>It took over 6 months to negotiate, = but in the end we were able to grant them an initial discount on royalty = payments – a.k.a. “honeymoon period” – until they = recovered the initial investment, at which time the rate returned to the appropriate = market driven level. This scenario worked quite well as it was viewed as = a “win-win.” In those instances where the life cycle of = the technology may be relatively short, the company can theoretically = recover the initial investment and protect the technology through an exclusive = license at the same time without placing the university in a situation that may = endanger its non-profit status and/or bond holders.</span></font><o:p></o:p></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'> </span></font><o:p></o:p></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'>I’m sure some of our more IP = savvy colleagues can add some additional guidance and = recommendations<o:p></o:p></span></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'>john</span></font><o:p></o:p></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'> </span></font><o:p></o:p></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'><o:p> </o:p></span></font></p> <div> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'>___________________________________ _= _______</span></font><font color=3Dnavy><span style=3D'color:navy'><o:p></o:p></span></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'>John D. Sites, Jr., = CRA</span></font><font color=3Dnavy><span style=3D'color:navy'><o:p></o:p></span></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'>Senior Contract = Administrator</span></font><font color=3Dnavy><span style=3D'color:navy'><o:p></o:p></span></font></p> <p class=3DMsoNormal><font size=3D3 color=3Dnavy face=3D"Times New = Roman"><span style=3D'font-size:12.0pt;color:navy'> <o:p></o:p></span></font></p >= <p class=3DMsoNormal><st1:place w:st=3D"on"><st1:PlaceName = w:st=3D"on"><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size:10.0pt;font-family:Arial; color:navy'>Utah</span></font></st1:PlaceName><font size=3D2 = color=3Dnavy face=3DArial><span = style=3D'font-size:10.0pt;font-family:Arial;color:navy'> <st1:PlaceType w:st=3D"on">State</st1:PlaceType> <st1:PlaceType = w:st=3D"on">University</st1:PlaceType></span></font></st1:place><font color=3Dnavy><span style=3D'color:navy'><o:p></o:p></span></font></p> <p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span = style=3D'font-size: 10.0pt;font-family:Arial;color:navy'>Sponsored Programs = Office</span></font><font color=3Dnavy><span style=3D'color:navy'><o:p></o:p></span></font></p> <p class=3DMsoNormal><font size=3D3 color=3Dnavy face=3D"Times New = Roman"><span style=3D'font-size:12.0pt;color:navy'> <o:p></o:p></span></font></p >= <p class=3DMsoNormal><font size=3D3 color=3Dnavy face=3D"Times New = Roman"><span style=3D'font-size:12.0pt;color:navy'> </span></font><o:p></o:p></p >= </div> <div> <div class=3DMsoNormal align=3Dcenter style=3D'text-align:center'><font = size=3D3 face=3D"Times New Roman"><span style=3D'font-size:12.0pt'> <hr size=3D2 width=3D"100%" align=3Dcenter tabindex=3D-1> </span></font></div> <p class=3DMsoNormal><b><font size=3D2 face=3DTahoma><span = style=3D'font-size:10.0pt; font-family:Tahoma;font-weight:bold'>From:</span></font></b><font = size=3D2 face=3DTahoma><span style=3D'font-size:10.0pt;font-family:Tahoma'> = Research Administration List [mailto:xxxxxx@HRINET.ORG] <b><span = style=3D'font-weight: bold'>On Behalf Of </span></b>Val Kettner<br> <b><span style=3D'font-weight:bold'>Sent:</span></b> Tuesday, June 28, = 2005 10:43 AM<br> <b><span style=3D'font-weight:bold'>To:</span></b> = xxxxxx@HRINET.ORG<br> <b><span style=3D'font-weight:bold'>Subject:</span></b> [RESADM-L] = Creative solutions to IP...</span></font><o:p></o:p></p> </div> <p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span = style=3D'font-size: 12.0pt'><o:p> </o:p></span></font></p> <p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span = style=3D'font-size: 12.0pt'>Greetings from NDSU!<br> <br> In a discussion yesterday with a large corporation on a pending Master Agreement, we were informed that this corporation had active research = projects with other public universities that were more flexible with IP = issues. I offered to view the language that other institutions had been able to = agree to, to see whether or not there were other creative ways of reaching = agreement on issues other than what we were already trying. They are discussing internally whether or not to share the language that they have been able = to negotiate with these other institutions with us. They were not = willing to identify the institutions. I offered to contact my colleagues in = higher ed for some feedback, too...<br> <br> The bottom line is the same story...the company insists that since they = are paying for <u>all</u> the research, they should be able to own and = control the use of the IP without negotiating an exclusive license - they want = a royalty free, nonexclusive license to practice University solely owned inventions which may result from the research for commercial = purposes. And they want to preclude NDSU from offering jointly or solely owned = inventions which may result from the research to any of their competitors.<br> <br> We have gone through the usual arguments, including Rev. Proc. 97-14 = (since most of the anticipated research would be done in a bond financed = facility), to really no avail. They really want a work-for-hire arrangement = similar to a private consultant. This situation is further impacted by the = fact that this company is also renting space at our <st1:place = w:st=3D"on"><st1:PlaceName w:st=3D"on">Tech</st1:PlaceName> <st1:PlaceType = w:st=3D"on">Park</st1:PlaceType></st1:place>, waiting for the new incubator to be built, at which time they may occupy = a considerable amount of its space. Even though the <st1:place = w:st=3D"on"><st1:PlaceName w:st=3D"on">Tech</st1:PlaceName> <st1:PlaceType = w:st=3D"on">Park</st1:PlaceType></st1:place> and the university are separate entities, the company views their = contributions to research projects and their contributions to operating (i.e. rent) as = an aggregate contribution, for which special consideration should be = given.<br> <br> So, my question is, what have others been able to do, that is more = creative than what's mine is mine, yours is yours, and ours is ours, with a first = option to negotiate a royalty bearing exclusive license to University IP? = We have offered to include language that indicates that if we are unable to = reach agreement on a license, we will not offer it to others on more favorable = terms, although that was not viewed as sufficient.<br> <br> Any comments, suggestions and/or thoughts would be greatly = appreciated! And if you have language you could/would share, that would be = appreciated, too!<br> <br> Many thanks!<br> <br> Val Kettner<br> <st1:place w:st=3D"on"><st1:PlaceName w:st=3D"on">North = Dakota</st1:PlaceName> <st1:PlaceType w:st=3D"on">State</st1:PlaceType> <st1:PlaceType = w:st=3D"on">University</st1:PlaceType></st1:place><br> xxxxxx@ndsu.edu<br> (701) 231- 9608<o:p></o:p></span></font></p> </div> </body> </html> <p> =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D 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") =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D <p> =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D 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") =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D ------_=_NextPart_001_01C57C06.F09AB274-- ------------------------------ Date: Tue, 28 Jun 2005 12:48:07 -0500 From: Terri Hall <xxxxxx@ND.EDU> Subject: Seeking feedback on GAMS and RAMS eRA systems This is a multi-part message in MIME format. ------=_NextPart_000_008D_01C57BDF.A1D9B4D0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Among the systems we're considering for electronic research = administration GAMS/ERA Software Systems and RAMS/Grantera. We are = interested in feedback from actual users. Will you please take a few = minutes to answer some questions if you've had any experience with these = systems? Feel free to reply privately since these vendors belong to = this listserv.=20 =20 Which have you used, and if so, how long have you used it? If no longer = using it, why not? =20 Which module(s) do you use? =20 Did you debut the whole system at once, or in phases? Timeline used? =20 Are faculty using it? Or dept administrative assistants? Both? Just = your office? =20 Maintenance: do you have a staff member dedicated to maintaining the = system -- someone from campus info technology you call -- vendor support = -- or is the system user-friendly enough that no ongoing maintenance is = required? =20 Implementation: pluses or minuses you either expected or were = unexpected? Things we should be mindful of that we might not have = thought of yet? =20 Training: do you do workshops? Have online tutorial? Online = documentation? Other? =20 Finally, how would you complete the statement: The biggest surprise = about GAMS or RAMS was _______ =20 Anything else you'd like to add? =20 Thank you for your input. It'll be very helpful as we move forward on = this project. Terri =20 Terri M. Hall Associate Director of Sponsored Programs (eRA) Office of Research * University of Notre Dame 511 Main Building * Notre Dame, Indiana 46556 Phn: (574) 631-7378 Fax: (574) 631-6630 http://www.nd.edu/~research/ ~ an FDP institution ~ =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D 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") =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D ------=_NextPart_000_008D_01C57BDF.A1D9B4D0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML><HEAD> <META http-equiv=3DContent-Type content=3D"text/html; = charset=3Diso-8859-1"> <META content=3D"MSHTML 6.00.2900.2668" name=3DGENERATOR> <STYLE></STYLE> </HEAD> <BODY bgColor=3D#ffffff> <DIV><FONT face=3DVerdana>Among the systems we're considering for = electronic=20 research administration GAMS/ERA Software Systems and=20 RAMS/Grantera. We are interested in feedback from actual = users. Will=20 you please take a few minutes to answer some questions if you've had any = experience with these systems? Feel free to reply privately=20 since these vendors belong to this listserv. <BR> <BR>Which = have you=20 used, and if so, how long have you used it? If no longer using it, why=20 not?<BR> <BR>Which module(s) do you use?<BR> <BR>Did you debut = the=20 whole system at once, or in phases? Timeline used?<BR> <BR>Are = faculty=20 using it? Or dept administrative assistants? Both? Just your = office?<BR> <BR>Maintenance: do you have a staff member dedicated = to=20 maintaining the system -- someone from campus info technology you call = -- vendor=20 support -- or is the system user-friendly enough that no ongoing = maintenance is=20 required?<BR> <BR>Implementation: pluses or minuses you either = expected or=20 were unexpected? Things we should be mindful of that we might not have = thought=20 of yet?<BR> <BR>Training: do you do workshops? Have online = tutorial? Online=20 documentation? Other?<BR> <BR>Finally, how would you complete the=20 statement: The biggest surprise about GAMS or RAMS was=20 _______<BR> <BR>Anything else you'd like to add?<BR> <BR>Thank = you for=20 your input. It'll be very helpful as we move forward on this=20 project.<BR>Terri<BR> <BR></FONT></DIV> <DIV><FONT face=3DVerdana>Terri M. Hall<BR>Associate Director of = Sponsored=20 Programs (eRA)<BR>Office of Research * University of Notre Dame<BR>511 = Main=20 Building * Notre Dame, Indiana 46556<BR>Phn: (574) 631-7378 Fax: = (574)=20 631-6630<BR><A=20 href=3D"http://www.nd.edu/~research/">http://www.nd.edu/~research/</A><B R= >~ an FDP=20 institution ~</FONT></DIV> <DIV> </DIV> <DIV><FONT face=3DVerdana><BR></FONT> </DIV></BODY></HTML> <p> =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D 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") =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D ------=_NextPart_000_008D_01C57BDF.A1D9B4D0-- ------------------------------ Date: Tue, 28 Jun 2005 16:19:37 -0700 From: Diane Schmitz <xxxxxx@MAIL.EWU.EDU> Subject: Constitution Day I'm hoping to get a bit more feedback on the recent post about the new federal regulation requiring educational institutions receiving federal funds to hold Constitution and Citizenship day each Septmeber 17, in commemoration of the constitution's signing in 1787. One poster explained that her grants office isn't overseeing activities taking place on campus. Anybody else have ideas, wisdom, plans, or random thoughts on this? One note: our students aren't even back on campus until the end of September, so whatever we do will likely have a tiny audience. The federal register notice is here: http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=99913517 24+7+0+0&WAISaction=retrieve -- Diane M. Schmitz Grant & Research Development Eastern Washington University Cheney WA 99004-2444 ====================================================================== 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") ====================================================================== ------------------------------ Date: Tue, 28 Jun 2005 19:32:03 -0400 From: Mitchell Maltenfort <xxxxxx@GMAIL.COM> Subject: Re: Constitution Day Well, it only has to be an "educational" program. Doesn't say *who* has to be doing the educating. I'd see if any of the following outfits can offer local volunteers to speak at programs: http://www.truemajority.org/ http://www.aclu.org/ http://www.indyvoter.org/ http://www.fsf.org/ http://www.ncac.org/ Of course, the program should give equal time to different positions. I'd invite one person from each of the above groups to speak. On 6/28/05, Diane Schmitz <xxxxxx@mail.ewu.edu> wrote: > I'm hoping to get a bit more feedback on the recent post about the new > federal regulation requiring educational institutions receiving federal > funds to hold Constitution and Citizenship day each Septmeber 17, in > commemoration of the constitution's signing in 1787. One poster > explained that her grants office isn't overseeing activities taking > place on campus. Anybody else have ideas, wisdom, plans, or random > thoughts on this? One note: our students aren't even back on campus > until the end of September, so whatever we do will likely have a tiny > audience. > > The federal register notice is here: > http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=99913517 24+7+0+0&WAISaction=retrieve > > -- > Diane M. Schmitz > Grant & Research Development > Eastern Washington University > Cheney WA 99004-2444 > > > ====================================================================== > 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") > ====================================================================== > -- I can answer any question. "I don't know" is an answer. "I don't know yet" is a better answer. ====================================================================== 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") ====================================================================== ------------------------------ Date: Tue, 28 Jun 2005 16:45:33 -0700 From: Alpha Anderson Delap <xxxxxx@U.WASHINGTON.EDU> Subject: Re: Grant Writer If you have a grant/proposal writer on staff, would you mind sending me a job description and pay range to: xxxxxx@u.washington.edu? I would be most grateful. Thanks. - Alpha DeLap, University of Washington ====================================================================== 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") ====================================================================== ------------------------------ End of RESADM-L Digest - 27 Jun 2005 to 28 Jun 2005 (#2005-129) *************************************************************** ====================================================================== 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") ======================================================================