I would first want to review the definition of confidential information.  If the Pew Foundation provides material that falls into the category of HIA and the Farm Bill, etc. and this is not part of the public domain then they can classify this as their confidential and proprietary information.  However,  the ownership of the data and results that JHU produces using these materials shall be owned by JHU.  So I would want to make sure that the language  clearly delineated between what is Pew's confidential information and what is JHU's confidential information.  I haven't negotiated an agreement with the Pew Charitable Trust.  I don't know if you have tried this but delete "approval" and insert "comment", with additional wording that indicates that the final content of the publication rests with the PI.

Marjorie Forster
Assistant Vice President, Research and
Global Health Initiatives
Office of Research and Development
University of Maryland Baltimore
620 West Lexington Street, Suite 400
Baltimore, MD 21201
410-706-6631
410-706-6630 (fax)
xxxxxx@umaryland.edu<mailto:xxxxxx@umaryland.edu>

On Oct 5, 2012, at 10:28 AM, Barron, Jennifer wrote:

Has anyone successfully negotiated out a publication restriction from a Pew Charitable Trust grant? After several rounds of negotiations, this is their final offer:

“Pew and JHU understand and agree that JHU shall be permitted to verbally discuss Pew’s activities related to the HIA and the Farm Bill with Healthy Farms Healthy People so long as such discussions are limited to general positions, issues and project updates.  All other discussions with third parties, in whatever form (e.g., oral, written or electronic), and all written communications (including, without limitation, memoranda, agendas, bullet points, and email) with any third party (collectively, “Confidential Information”) shall be subject to advance review and approval by Pew.  Any unauthorized disclosure of the Confidential Information is strictly prohibited.”

This still isn’t going to fly because it requires approval. If anyone has successfully negotiated only review with Pew, please let me know!

Thanks,
Jennifer

Jennifer Barron, MBA
Director, Office of Research Administration
Johns Hopkins Bloomberg School of Public Health
615 N. Wolfe Street, W1600
Baltimore, MD 21205
p: 410.614.2634
f: 410.955.0258
xxxxxx@jhsph.edu<mailto:xxxxxx@jhsph.edu>

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