Greetings!  I would be interested in hearing from my colleagues that
have current agreements with the National Cattlemen's Beef Association (NCBA).

We are in the process of negotiating with the NCBA, and we are
running into some challenges in regards to a relatively new and
evolving IP position being presented.  Discussions with their outside
counsel have provided information as to how this position has
involved, and have focused on a new accountability practice that the
NCBA is striving for, to ensure that they spend check-off funds in
accordance with the Beef promotion and Information Act of 1985 and
the Beef Promotion and Research Order of 1986.  However, neither the
Act nor the Order addresses handling of IP.  Rather, the NCBA
position is that Universities like to own results but don't have to,
and if the University wants to own IP, the NCBA can work with that as
long as the NCBA has a non-exclusive license with the right to sublicense.

Obviously we all deal with accountability every day with every
sponsor, so I can definitely understand their concerns as to
accountability.  However, right now the NCBA position is contrary to
our institutional policies and practice on ownership of IP.  I was
wondering which other institutions have successfully negotiated
agreements with the NCBA recently, and whether or not you could
perhaps share some of your strategies used to reconcile NCBA's
position and your institutional position.  According to the NCBA,
they have millions of $'s with multiple institutions under these IP
terms, including land grants.

As presented to NDSU, IP would be handled as follows:
1.  NDSU would get to own and could protect IP at our own expense.
2.  NDSU would grant to NCBA a non-exclusive, irrevocable, paid-up
license throughout the world to use and permit others to use all IP.
3.  Neither NDSU or NCBA could sell, license or sublicense or
otherwise transfer any IP without the others prior written consent.
4.  If IP is licensed, sold or transferred, NDSU and NCBA share
equally in revenues after reimbursement to NDSU for out of pocket
costs related to protection of IP, and reimbursement to NDSU and NCBA
for direct out of pocket costs associated with licensing.

I am always open to new ideas and new methods for successful
negotiations!  We want to continue to be good partners in
research!  If you would like to contact me outside of the listserve,
my email is xxxxxx@ndsu.edu and my phone number is 701-231-9608.

Many thanks for any insights or shared experiences!

Val Kettner
North Dakota State University

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