Technology and Economic Development Confidentiality Issues in Research Jim Baker Director Office of...
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Technology and Economic Development Confidentiality Issues in Research Jim Baker Director Office of Technology and Economic Development [email protected] 7-2228
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Technology and Economic Development
Confidentiality Issues in Research
Jim Baker
Director
Office of Technology and Economic Development
7-2228
Technology and Economic Development
Objectives
Inform researchers on issues related to confidentiality in researchUniversity standard terms and positionsUniversity process for nondisclosure
agreement processingHighlight issues to watch for in consulting
and other private agreementsHelp you help us help youDiscuss concerns, questions, related issues
Technology and Economic Development
Outline
General ConsiderationsUniversity PositionsLegal DetailsPractical IssuesStandard TermsUniversity ProcessWeb Links
Technology and Economic Development
General Considerations
Michigan Tech is a public research and educational institution
Dissemination of knowledge is part of our core function through publication, presentation, and graduation of students
Technology and Economic Development
But…
Receipt and generation of information that must be held confidential is often a necessary element of sponsored research
Technology and Economic Development
Because…
National security may depend on itPublic health or safety considerationsResearch sponsors need to:
share sensitive information with researchers to follow through on projects
protect information created in projects to realize a reasonable and appropriate return on their research investment
Technology and Economic Development
University Positions
We can keep information that is provided to us from a research sponsor or partner confidential on reasonable terms
We will consider keeping project results confidential when necessary and appropriateCan be difficult when graduate students are
involved
Technology and Economic Development
Legal Details
Export Control Information that is required to be held
confidential and that is seen by a ‘foreign person’ results in a ‘deemed export’
Michigan Confidential Research and Investment Information Act (MCRIIA) Information can be exempt from Freedom of
Information Act (FOIA) if it satisfies certain criteria
Technology and Economic Development
MCRIIA FOI Exemption Criteria
Information exclusively used for research, testing and evaluation
Information is clearly designatedWritten confidentiality agreement in place
signed by an authorized officer or designee
Separate document containing general description of information, its use, and the names of the parties involved
Technology and Economic Development
Practical Issues
Publication interestsConfidentiality and publication are not
mutually exclusiveRequires thoughtful management
Students will graduate and take knowledge with them
Keeping track of what’s whatContractual obligations plus respect,
courtesy, and common sense
Technology and Economic Development
Standard NDA Terms Information from external party
Significant Relevant IssuesMarking/Labeling Requirement
Practical ability to manage informationMCRIIA
What is the nature of the information MCRIIA
What will the information be used for MCRIIA
Technology and Economic Development
Standard NDA Terms – Cont.
Agreement TermHow long will we exchange information?How long does it need to be held
confidential?Exemptions
Public information, prior known information, independently developed information, etc.
Technology and Economic Development
NDA Terms to Watch For
Ownership of IP created using the informationHow do you know if IP was created from it?Research freedom
Venue Travel requirements to resolve disputes
JurisdictionLearning foreign laws
Injunctive Relief
Technology and Economic Development
Confidentiality in Research Contract Terms
Generally can accept confidential information from research sponsors
Generally will not allow research sponsors to explicitly restrict release of project developed information
Publication ReviewFixed time periodRedact sponsor confidential informationComment on other content (non-binding)
Technology and Economic Development
University Process
Primary point of contactRobin Kolehmainen, Patent/License Manager
Office of Technology and Economic Development
7-2228
Responsible for:Processing University standard NDAsReviewing and negotiating third party NDAsObtaining authorized University signatures
Technology and Economic Development
Web Resources
Michigan Tech Standard NDA http://www.ted.mtu.edu/forms/NDA_new.doc
MCRIIA http://www.legislature.mi.gov/(S(klvurr45bd2mljua41i4ru55))/
documents/mcl/pdf/mcl-Act-55-of-1994.pdf Or just Google Michigan PA 55 of 1994
Michigan Tech Standard Non-governmental Research Agreement http://www.mtu.edu/research/administration/sponsored-
programs/pdf/resagreement.pdf
Technology and Economic Development
Questions
Technology and Economic Development
Contact Information
Jim BakerDirector, Technology and Economic Development
www.ted.mtu.edu
