A confidential disclosure agreement should
be obtained before discussing a technology with anyone outside the University,
such as
a company or colleague at another institution. OTT also has a form for thesis/dissertation
defense situations. Companies may ask researchers to sign CDAs prior to discussing
any possible research collaborations. Please do not sign a CDA, it should
be
reviewed by OTT and signed by the Director of OTT.
A material transfer
agreement is used when a researcher sends out or receives material, such
as biological materials or compounds.
It enables researchers to share materials while safeguarding proprietary
rights to the materials. Materials can be cell lines, viruses, bacteria, monoclonal
antibodies, compounds, etc.
There are a number
of potential problem areas in SRAs that should be avoided because they
can be roadblocks to future licensing
and funding efforts including: IP ownership issues of any kind, non-exclusive
royalty free licenses to corporate sponsors, granting rights to background
technologies, and granting rights to future technologies. Additionally,
OTD will negotiate SRAs linked to licensed technologies. Licensees often wish
to sponsor additional or follow-on research projects to expedite the product
development
process.
As UNCG
and its faculty establish more partnerships and collaborations with for profit
business entities and other organizations,
the potential for financial conflicts of interest and conflicts of commitment
that involve both the individual faculty and the university are created. Some
potential conflicts are obvious, such as the case of a faculty member’s lab
receiving research funding from a company in which the individual owns equity
or receives significant consulting fees or gifts. Other potential conflicts
are not so obvious, such as when the university is negotiating a license or
sponsored research agreement with a company who has promised to provide philanthropic
dollars to the university.