Ownership only means something if it means control over use.  Yet they seem
willing to give you certain rights to use.  Certainly you need some use of
the data to prepare a patent application, for example, or to do further
research, or to market a product embodying your discoveries, or just to
publish for academic purposes.  So the important point is,  what specific
rights of use do they intend to withhold?  If they want ownership but give
you written consent to all the uses you need, then maybe there's no problem.

Think of the real estate analogies.  Owning land that is tied up with
significant easements becomes ownership in name and pride only.  Renting a
house rather than owning it gives many people all the day-to-say control
they want.  Owning the house but leasing the land usually gives all the
control the occupant really needs.

Stuart A. Ross
Director, Grants & Contracts
P.O. Box 6850
California State University, Fullerton
Fullerton, CA 92834-6850
xxxxxx@fullerton.edu
714 278 2106 voice
714 278 3000 fax

 -----Original Message-----
 From:   Sullivan Diane [SMTP:xxxxxx@NJC.ORG]
 Sent:   Wednesday, March 24, 1999 7:19 AM
 To:     xxxxxx@hrinet.org
 Subject:        Ownership of Data on Corporate Contract

 We are currently negotiating a research agreement with a corporation
with
 whom we also have a license agreement for one of our existing
technologies.
 In the research agreement we are using this technology to evaluate
 proprietary materials that the Sponsor generates.  The Sponsor is
willing to
 give us title to intellectual property that is developed as a result
of the
 research agreement and publication rights.  However, they are
adament about
 having ownership of the data/results from the study.  In the past we
have
 not encountered a sponsor who insisted on ownership of the data vs.
use of
 the data and I was interested to see how other institutions are
handling
 this type of situation.

 Thanks for your assistance.

 Diane Sullivan
 Manager, Research Administration
 National Jewish Medical and Research Center
 (303)398-1058
 xxxxxx@njc.org

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