Review of Specific Intellectual Property Clauses

Confidentiality | Indemnification | Intellectual Property Rights | Publication | Miscellaneous

 

Confidentiality

  • Short from is appropriate where we do not anticipate much exchange of confidential information.
  • Always include limitations to information marked "confidential."
  • Include appropriate exceptions, especially where the clause is otherwise onerous.
  • Confidentiality Sample Clauses (in Word)

 

Intellectual Property Rights

 

Indemnification

  • Strive for the broadest indemnity appropriate under the circumstances.
  • When the protocol is ours, Sponsor has little control over what we will do, and should only be asked to indemnify us with respect to Sponsor's use of the results of the study.
  • Product liability claims are interesting; we would not likely be a target, and if we were, we would not waive sovereign immunity. Yet, given the state of plaintiff's practice, an indemnity would be appropriate to defray defense costs.
  • Explanation of Indemnification and Insurance
  • Review of Indemnification Clauses
  • Indemnification Sample Clauses (in Word)

 

Publication

  • Preserve invoilate the absolute right of the Institution (PI) to publish the results of the study.
  • There are UBIT implications if we are just performing laboratory work for commercial entities.
  • Keep delays for review to a reasonable limit.
  • If the study is multi-site, try to preserve the right of the Institution (PI) to publish separately if, after a reasonable time, multi-site publications have not been forthcoming.
  • Make sure that the right to publish is properly cross-referenced in confidentiality provisions and in any provisions establishing ownership of data.
  • Remember that the owner of the copyright in publications pursuant to UT System Policy will be the PI, os Institution cannot give away licenses or other rights in the PI's publications.
  • Publication Sample Clauses (in Word)

 

Miscellaneous

 

 

Disclaimer: The materials on this website do not constitute legal advice. You should consult with an attorney before acting on or conveying any interpretation of these materials.

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