Repository: UIHistories Project: Board of Trustees Minutes - 1984 [PAGE 189]

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BOARD OF TRUSTEES

[March 17

T h e University Committee on Copyrightable Works has reviewed the request and recommends that the request be granted subject to the University's retention of a royalty-free, nonexclusive license to use such materials for its own internal purposes. Although the General Rules Concerning University Organization and Procedure normally assign these rights to the University, the committee makes this recommendation because to do so rewards faculty and staff initiative, is appropriate in this case, and is consistent with the committee's recent deliberations on policy changes. The vice president for academic affairs concurs in the recommendation of the committee. I concur.

On motion of Mr. Howard, this recommendation was approved.

Policy on Sharing Genetic Material

(16) Many institutions involved in genetic engineering research are willing to share genetic materials with researchers at other institutions. This sharing enables research to go forward without the need to recreate the genetic materials independently. T h e University requested and received liver genetic materials from the Howard Hughes Medical Institute Research Laboratories. T h e University has been asked by that institution for a reasonable share of future royalties received by the University for commercial products developed using those genetic materials. This is the first such request made of the University, although the literature indicates that such requests will become routine among institutions sharing genetic materials. The University Patent Committee has reviewed this matter and recommends the adoption of University policy to address this instance and future similar situations. The committee recommends that when a University inventor makes a disclosure to the University of an invention incorporating some or all of the genetic materials supplied by another research institution that has requested royalty sharing, the inventor shall provide an estimate of the relative contribution of such materials in the development of the invention. Aided by this estimate, the University will determine a reasonable share of resulting royalties to be paid to the lending institution. Conversely, when the University shares its genetic materials with other research institutions, it will request that such institutions agree to a similar reasonable sharing of royalties. When the University owns such an invention and offers a royalty share to another research institution, that share will be determined on the basis of the net income received by or available to the University after all costs and expenses of securing, developing, and administering the patent. Royalty sharing payments to the supplying research institution will be deducted prior to calculating inventor payments, pursuant to the General Rules Concerning University Organization and Procedure and other distributions within the University. I concur.

On motion of Mr. Howard, this recommendation was approved.

Marketing of PLATO Courseware (Lessonware)

(17) Under the General Rules Concerning University Organization and Procedure, the University may act as the marketer or distributor of courseware (lessonware) produced or developed on the University's P L A T O system. If the University elects not to so act, rights in the courseware are transferred to the author subject to certain specified conditions, including the retention by the University of the right to use the same on P L A T O systems operated by the University; and the authors are free to negotiate with publishers and users of their choice. In the past the University has marketed P L A T O courseware through an exclusive agreement with Control Data Corporation (CDC) which terminated on March 12, 1983. The University and CDC agree that this arrangement has not re-