Re: Research Contract Publications Clause Ralph M. Metzger, III 27 Sep 1996 08:26 EST

 There is a rich variety of publication and confidentiality clauses
in contracts from Industry.  There is also wide variation on what can make
sense in one case and not in another... especially with Industry.  I believe
the key to what is acceptable is with the PI and his/her academic hierarchy.
If they are willing to accept the risks on "this one", let them, but with
your enlightened advice and counsel.  Alternatives and their likely
implications should be discussed.   While our policy is perference for
protecting unrestricted freedom to publish, exceptions are handled on a
case-by-case basis with relative ease.  It is working for us, so far.
 Ralph Metzger, Director
 Office for Industrial R&D
 The Ohio State University Research Foundation

At 08:45 AM 9/24/96 CST, you wrote:
>     Our institution recently received from a private industry sponsor a
>     draft research contract that included an unusual publications clause.
>     The contract required us to provide any publications to the sponsor 90
>     days in advance.  In addition, the contract gave the sponsor the right
>     to rebut any proposed publications AND required us to print the
>     sponsor's rebuttal with our publication.
>
>     Have you seen research contracts that included the requirement to
>     print a rebuttal?  Does/would your institution accept such a clause?
>     If not, what arguments have you used for striking such clauses?
>
>     Replies may be sent directly to me at the address below.  Thanks for
>     any responses.
>
>
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>