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WHOI-90-52

WHOI-90-52

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Dissemination Qf resech results: There is an expetation among the scientific community and<br />

the general public that the results of resech conducte either with sponsorship by public<br />

agencies or at institutions that recive an exemption from income taes should be disseminated<br />

as ealy and as widely as possible. There are instaces, however, where exclusive license<br />

argements with commercial firms may be the most expeient way in which to benefit the<br />

public. This is most often the case when the tehnology exists at an ealy stage of development,<br />

continued public sponsorship of development is unfeasible or unwarte, or subseuent<br />

investment to commercialize the tehnology would not tae place without establishing exclusive<br />

property rights (at least temporarly).<br />

Balancing royalty distributions: To the extent that an institution's policy is to distrbute some<br />

porton of the royalties from intellectua propertes (ptents, copyrights, etc.) away from<br />

inventors/discverers, there may be disincentives for inventors/discoverers to develop ideas<br />

within an institution and cause for them to leave or create spin-off firms. Conversely, if the<br />

institution allows most of the royalties to flow directly to the inventor/discverer, this may<br />

discurage the communication and sharng of ideas among staff members.<br />

Tangible reseach properties: The issue is whether tagibles such as biologica organisms,<br />

unpatentable engineering designs, and unpatentable instrment prototyps should be treated in<br />

the same manner<br />

as other intellectual propert with respet to licensing and royalties.<br />

Flexibilty versus ~ speificity: In all forms of the tehnology transfer activity, a balance<br />

must be strck between the speificity of over-arching institution policies and the potential for<br />

flexibilty in the face of innovative or unique nonprofit/commercial relationships. A more<br />

genera policy may allow institutions to be more flexible and to reaze benefits when<br />

extraordinar situations are encountered. Costs may arse, however, when decision-makng<br />

authority is too decntraliz or when policy statements are too general and technology trsfer<br />

relationships are allowed to contrvene overal institutional goals or the norms of scientific<br />

resech.<br />

Intellectual property management organization (JPMO): Independent IPMOs provide a patenting<br />

and licensing service for a prospetive royalty share. There is evidence that some large IPMOs<br />

may ignore patentable inventions if the expeted value of future royalties is too smal. On the<br />

other hand, "patent committees" or IPMOs established within the institution may not have the<br />

time or resources to procure patents (espeially in foreign countres) and aggressively sek<br />

licenses.<br />

Technology trsfer organization (IO): Some institutions (espeially universities) have<br />

established external nonprofit or for-profit TIOs, which are involved not only in licensing<br />

intellectu property but also in incorprating commercial spin-off firms. Some have been<br />

successful; others have encountered both legal and ethica conflcts-of-interest.<br />

Industral liaison programs: To the extent that such programs involve membership from one<br />

paricular industr, their potential as a source of funds or mutual transfer of know-how may<br />

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