This is not something that I have ever seen. It may be useful to ask whether the universities the sponsor has successfully used this language with are in the US or abroad. The University-Industry Demonstration Partnership (UIDP) has developed a set of Contract Accords (https://www.uidp.org/publication/contract-accords/) that are commonly agreed upon principles (university and industry perspectives). Accord #6 deals with foreground intellectual property, and may be helpful in your negotiations.

Lynne Mumm, MBA, CRA
Senior Negotiator, Industry Contracts-OIPTT, Iowa State University
2121 State Avenue, Ames, Iowa 50011-3280
xxxxxx@iastate.edu  -  515/294-6339 phone - twitter.com/isurftech

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@lists.healthresearch.org] On Behalf Of Michael Spires
Sent: Tuesday, November 10, 2015 8:52 AM
To: xxxxxx@lists.healthresearch.org
Subject: Re: [RESADM-L] IP Negotiations

I wouldn't sign an agreement with that clause in it, and I'd be amazed if the corporation in question had ever actually gotten a university to agree to it. It's asking the investigator (and the institution) to give up all rights of any kind in the IP they produced, and lets the corporation jump the gun on announcing it.

Agreeing to that clause could impact the ability to publish, since the investigators would be waiving copyright claim (and hence would not be able to assign it to a journal publisher) and it certainly impacts their ability to license or commercialize any resulting technology. Cripes, even the federal public access policy allows an embargo period after publication before the work has to be made publicly available--and includes a process for requesting a longer embargo period if there's good reason to do so (like a patent filing, for instance).

Michael Spires, M.A., M.S., CRA
Senior Proposal Analyst
Office of Contracts and Grants
Woodbury 401, 572 UCB
University of Colorado Boulder
Boulder, Colorado 80309-0572
O (303) 492-6646
F (303) 492-6421
E xxxxxx@colorado.edu
W www.colorado.edu/ocg

-----Original Message-----
From: Research Administration List [mailto:xxxxxx@lists.healthresearch.org] On Behalf Of Jennifer Keller
Sent: Monday, November 09, 2015 1:14 PM
To: xxxxxx@lists.healthresearch.org
Subject: [RESADM-L] IP Negotiations

I'm working with a faculty member to establish an Agreement with a large corporation and am struggling to get the POC to understand the issues facing us as a public institution.  The POC indicates they work with other universities all the time and to alleviate the issues with IP ownership, they REQUIRE that all deliverables be placed in the public domain using the following language:

"With respect to intellectual property rights that vest immediately upon creation of the Project Intellectual Property, including but not limited to copyright and trade secrets, University hereby disclaims and disavows all such intellectual property rights.  Further, University agrees that Sponsor's use of the Project Intellectual Property prior to publication, presentation, or other disclosure of the same by the University is not a misappropriation or unauthorized disclosure of the Project Intellectual Property."

Anyone seen/accepted this language?

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 Instructions on how to use the RESADM-L Mailing List, including<br>
 subscription information and a web-searchable archive, are available<br>
 via our web site at http://www.healthresearch.org (click on the<br>
 "LISTSERV" link in the upper right corner)<br>
<br>
 A link directly to helpful tips:  http://tinyurl.com/resadm-l-help<br>
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