Re: IP ownership on industry contracts Zoya Hamilton 17 May 2010 08:12 EST
HI John, I am intimately familiar with the IRS 2007-47, thanks. I just wanted to see how flexible other institutions are about their IP. Zoya Comcast wrote: > Zoya, > > There is an IRS regulation that impacts your institutional non- profit > status related to IP. > > I can send more info if you're interested > > > John Sites > Sent from my iPhone > > On May 14, 2010, at 14:11, Zoya Hamilton <xxxxxx@TUFTS.EDU> wrote: > >> Dear Colleagues, >> >> I found out from a colleague at Tech Transfer at my university that >> some industries are balking at negotiating IP ownership because, >> according to them, some universities started giving away their IP >> rights in the last few years. To quote one industry representative, >> "several years ago it would have been impossible for a company to >> negotiate a contract that would not assign IP to a university. But >> times are different now. Several schools (and names of schools were >> given which I won't repeat) are willing to give away their IP rights >> so we will just contract this work to them". >> >> IP ownership is a huge issue for us. Some of our buildings are funded >> by tax-free bonds, thus making us subject to the IRS guidelines >> prohibiting giving away intellectual property (to be exact, there is >> a very small percentage of income exempt from this regulation, but it >> is so small that in practice it means that no sponsor-funded IP can >> be given away). I imagine not all universities are in this situation. >> For those of you that have the flexibility to give away IP, what are >> the circumstances when you are willing to do it? For those of you >> that are like us, how often do your collaborations fall apart because >> of this issue? >> >> Also, in view of the comment from the company, do you think we should >> all stick to our guns and be unwilling to give away IP? We would >> certainly have better collective leverage, but is there even a way to >> climb back up that slippery slope? >> >> Thank you for the input into this conversation. >> >> Zoya >> >> -- >> Zoya Hamilton, CRA >> Sr. Associate Director, Research Administration >> Office of the Vice Provost >> Tufts University >> Tel (617) 636-6709 >> Fax (617) 636-2917 >> http://researchadmin.tufts.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") ======================================================================