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Research and Technology Transfer | Office of General Counsel

 

Publication Clause Checklist

for Sponsored Research Agreements and Clinical Trial Agreements

Use this Checklist to analyze a Sponsor-offered publication clause, determine what problems, if any, the clause contains, and determine the editorial changes necessary to conform the clause to the requirements of the Regents’ Rules and Regulations related to Intellectual Property. Because no two deals are identical, the best language for one transaction may not be the same as that for another transaction. If in doubt, please contact the Office of General Counsel with any questions. Please open or print the following sample clauses for this Checklist: Publication Sample Clauses.

 

Please check the boxes below if the answer to the question is YES.

 

1. Does Sponsor’s clause give Sponsor the right to approve University publications?

 

Look for words like “prior written consent,” “approval,” or language that denies the right to make the results public.

2. Is there a period of time for review and comment and/or removal of confidential information?

3. Is there a provision that gives Sponsor a right to further delay publication to protect intellectual property?

 

This further delay right may be stated as a right to secure patent protection or it may be more general, such as a right to protect inventions or intellectual property.

4. Is there a provision that gives Sponsor a right to publish a joint publication before the University may publish its findings?

 

This kind of clause often appears in connection with multi-site studies, though it occasionally appears in other contexts.

5. Is there a provision somewhere else in the agreement that says the data will be owned by Sponsor?

 

Example: "Written summaries of all data from the Study will be transmitted to Sponsor as generated and promptly at the completion of the program in a final written report. Sponsor owns these data and may use the information generated hereunder for its business goals."

6. Is there a provision in the confidentiality clause making the results confidential?

 

Example: "Institution shall not disclose or use for any purpose other than performance of the Study any and all trade secrets, privileged records or other confidential or proprietary information disclosed to or developed by Institution pursuant to this Agreement ("Confidential Information")...."

 

Please direct questions or comments regarding this page to BethLynn Maxwell.

 

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