In the process of conducting research, personnel at the University are often requested to conduct "research-related services” for an outside company. The provision of such services fits with the research and service missions of the University when: 1) the University is uniquely qualified to offer such special "services"; 2) those services provide additional research and experience for the University's faculty, staff, and students; and 3) access to those services or specialized equipment is not readily available through private industry means. These services may include the utilization of specialized expertise of the faculty or specialized instrumentation that may be offered to the company. Quite often, this will include testing of certain materials for the outside company (sponsor).
It is the policy of Texas State University to protect and retain title to intellectual property developed by its faculty and staff. Contracts and research agreements will be reviewed and IP language evaluated to ensure compliance with federal, state and university policy.
Prior to exchanging information with a potential partner an NDA should be signed by all persons involved. The NDA is a simple, mutual agreement that protects each party by laying the ground rules for the sharing of information.
License agreements outline the rights and responsibilities of the parties to the agreement with respect to payment of royalties, use restrictions, milestones, etc. for copyrighted, patented or trademarked materials.
A material transfer agreement should be executed when the parties to the agreement are exchanging physical materials, biological samples, proprietary computer data or software.
The MTA is a binding agreement that defines intellectual property rights and ownership of the material being exchanged. The MTA also serves to notify University Compliance offices of any regulatory standards that may need to be implemented.
This is usually in the form of a full contract document that outlines a specific scope of work to be performed, a timeline with milestones for payment, payment terms, and intellectual property rights.
University labs and personnel are paid for with public funds. Outside entities using university labs and having free access to university personnel can be seen as deriving private gain from public resources. Use of university labs and access to university personnel must benefit the university mission.
Texas State University recognizes the need to collaborate with individuals, institutions, and companies to accomplish our mission in education, research, and public service through economic development. Such collaborations must be kept at arm’s length in order to preserve academic freedom, to protect the intellectual property of the university, and to proactively prevent any real or perceived private benefit.
Texas state University faculty, staff and students are encouraged to collaborate with knowledgeable individuals, institutions, and companies to further their research and education objectives. Collaborative activities may take place on or off campus, in-person, or via electronic communication.
Prior to collaboration, university employees and students shall execute a non-disclosure agreement with the potential collaborator.
Where proprietary information or technology has been or may be developed, an Intellectual Property Agreement shall be signed by all involved parties.
Publications shall be reviewed for proprietary or patentable data and such information shall be removed pending patent application.
All university employees and students shall disclose all intellectual property to the Technology Transfer and Contracts (TTC).
University facilities are for the use of University employees and University students. Organizations and persons who are not employees or students of the university may not access or use university facilities without prior written approval of the Associate Vice President for Research and Sponsored Programs. A University Industry Partnership (UIP) agreement or visiting scientist agreement, as appropriate, shall be executed outlining the rights and responsibilities of the parties.
A grant or contract award does not constitute a UIP agreement or a visiting scientist agreement.
The UIP agreement must be approved by the Dean and Chair of the department housing the facility and signed by the Associate Vice President for Research and Sponsored Programs.
The facility use agreement shall, at a minimum, contain language governing the following: university liability & indemnification, non-disclosure, intellectual property rights, export control, access rules & regulations and fees to be paid by the user.
The facility use agreement must be approved by the Dean and Chair of the department housing the facility and signed by the Associate Vice President for Research and Sponsored Programs.
Scientists from other institutions and companies may need to visit university labs as part of a collaborative effort.
The Visiting Scientist Agreement shall, at a minimum, contain language governing the following: university liability & indemnification, non-disclosure, intellectual property rights, export control, and access rules & regulations.
The visiting scientist agreement must be approved by the Associate Vice President for Research and Sponsored Programs.