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Issues in Sponsored Agreements

JHURA, working with the Principal Investigator (PI) and respective department staff, will negotiate the terms and conditions of the sponsored research agreements.  Various issues arise during this process and some helpful resources are provided here.  JHURA is the only office authorized to conduct negotiations and always involves the PI in the process as needed.  Under no circumstances should the PI sign a sponsored research agreement.

The below four topics are more prominent issues in agreements.  JHURA’s approach to these provisions helps ensure its work continues to be done in a manner in line with its not for profit legal status, and in accordance with JHU policies.  When these terms or approaches are present in an agreement, negotiations with sponsors may take months, or the agreement may not reach a successful outcome at all.  When these terms are included in sponsor information provided to JHU at proposal stage, the PI and faculty should be on notice that sponsors may not be willing to negotiate.  As such, JHURA will make all efforts to finalize the resulting agreement, however we will also move as efficiently as possible to reach a final decision on whether the agreement and work may proceed or not.

Publications

JHU must retain the right to publish and disseminate the results of the research study, or the related services work. Where JHU is providing research related services, JHU still retains the right to publish any results of general scientific interest, provided that sponsor’s confidential information is not disclosed.  JHU cannot accept any sponsor restrictions on publication, including a requirement for sponsor’s prior approval on the content of the publication. JHU can agree to delay publishing, 60 days preferred, to enable sponsor to file for intellectual property protection or for sponsor to request deletion of sponsor confidential information. Authorship will be determined in accordance with academic standards for authorship, such as the International Committee of Medical Journal Editors’ guidelines.

Intellectual Property (No ‘work-for-hire’)

JHU will not grant any license to its background intellectual property except through a separate license agreement through JHTV. Inventorship will be determined in accordance with U.S. patent law. JHU will own all IP developed solely by JHU and its personnel. Sponsor will own all IP developed solely by sponsor and its personnel. JHU and sponsor will jointly own IP developed jointly by JHU and sponsor. JHU will grant sponsor a non-exclusive, royalty-free license to IP developed by JHU under the agreement for internal, non-commercial purposes. JHU cannot pre-negotiate exclusive licensing terms, nor may JHU agree to perform ‘work-for-hire’. Sponsor must pay a competitive price or fair market value for the resulting IP, to be determined at the time the IP is available for use. However, JHU can offer sponsor a time-limited first right to negotiate an exclusive license to JHU IP.

No Warranties

JHU will disclaim any and all warranties, including fitness for a particular purpose, merchantability, patentability, or that sponsor’s use of the results will be free from infringement or third-party IP rights and JHU will not indemnify sponsor for any of the foregoing.

JHU Use of Name

The JHU Name and Marks are among JHU’s most valuable assets. The widely recognized JHU Name and Marks represent the high caliber of the JHU faculty, staff, and students and the quality and breadth of their integrity and endeavors. Every use of the JHU Name and Marks conveys an association with JHU and potentially affects the institution’s reputation. Therefore, the activities with which the JHU Name and Marks are associated must be consistent with the JHU mission and values, and with appropriate standards of quality and excellence. For questions on the application of these guidelines or for guidance on uses of the JHU Name and Marks, please contact the university Office of Communications.

More information on the JHU Use of Name may be found at the website linked here.

The information on this page is intended for educational purposes only, and is not intended as legal advice.  It does not replace professional judgment and guidance.

Each situation is unique, and the associated risk should be assessed according to individual circumstances.

Resources:

JHURA Subawards Policies and Procedures

JHU Intellectual Property Policy Dated 10.5.2011

Contact

Johns Hopkins University
Research Administration

1101 E. 33rd Street, B001
Baltimore, MD 21218

(443) 927-3073
Email: jhura@jhu.eduSend an email to jhura@jhu.edu

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