Types of Agreements
New and different ways to transfer technology, sponsor research, support education and promote prosperity
A license agreement gives the licensee the ability to use UC San Diego's intellectual property rights to develop a technology for commercialization and thus serve the education, research, and public benefit mission of the University.
The University should receive fair consideration in exchange for the grant of the commercial licensing rights, which may include the following:
- Reimbursement of University's patent costs
- License Issue Fee
- Royalties
- Annual maintenance fee/minimum annual royalty
- Sub-licensing fees
- Equity
- Other fees on a case-by-case basis
Sample Agreement: Invention License Template
Open Flow Innovation
UC San Diego recently launched a new business friendly approach for rapidly licensing technologies to new startup companies with terms appropriate for the development stage of these companies. The program is underpinned by simplified license templates that expedite the process of transferring technologies to startups. Open Flow Innovation Licenses are designed to allow startups to secure technology needed for business development without the burden of upfront costs.
In 2017, Nature named UC San Diego the world's 14th best university for developing research used to create products or services that benefit society and spur economic growth.
There are a number of different offices at UC San Diego responsible for sponsored research activities.
UC San Diego's Office of Contract and Grant Administration is responsible for the stewardship of sponsored research collaborations from government (federal and state), industry, nonprofit, foreign, and other University of California campus sponsors.
Innovation Zones
Following consultation with our industry partners and in response to requests for a more flexible approach, UC San Diego launched the Innovation Zones Program. Under a two year pilot program (7/1/17 - 6/30/19), UC San Diego aims to streamline the completion of sponsored research agreements and build stronger working relationships with industry by offering options for licensing intellectual property generated during the sponsored research.
Clinical trials are the controlled, clinical testing in human subjects of investigational new drugs, devices, treatments, or diagnostics, or comparisons of approved drugs, devices, treatments, or diagnostics, to assess their safety, efficacy, benefits, costs, adverse reactions, and/or outcomes. Such studies may be conducted under an industry-developed protocol or an investigator-developed protocol.
The UC San Diego Office of Clinical Trials Administration handles industry initiated clinical trial agreements while the Office of Contract and Grant Administration is responsible for investigator initiated clinical trial agreements (CTAs).
A Material Transfer Agreement (MTA) is a legal contract that establishes terms and conditions for the transfer of tangible research materials between the provider and recipient for research purposes. Some common materials exchanged under the MTA include reagents, cell lines, plasmids, mice, vectors, and chemical compounds.
"Included here are representative agreements, provided for illustrative purposes only and to be executed only by personnel with designated signatory authority at UC San Diego"
A non-disclosure or confidentiality agreement is intended to cover conversations that contain confidential and/or proprietary information from one or both parties and the terms control the disclosure, receipt, and use of the confidential or proprietary information. Commonly, a non-disclosure or confidentiality agreement is needed when the company and a principal investigator are contemplating a research collaboration but first need to exchange information to further evaluate the potential for the research collaboration.
The primary focus of this type of agreement is to assure that the rights of the parties are protected with respect to retention of ownership and restrictions on dissemination prior to exchange of such information. Non-disclosure/confidentiality agreements are generally only negotiated in advance of a formal research agreement and are generally limited to addressing topics such as the definition of confidential/proprietary information, the manner in which the information will be exchanged, information which is excluded from being considered confidential/proprietary.
In the event that prior disclosure is not necessary, appropriate non- disclosure/confidentiality terms will typically be included as part of the actual research or collaboration agreement.
When there is a need to procure goods and services to maintain a top university research or education priority or function, a procurement (or purchase) agreement is the right written instrument to pursue with Integrated Procure to Pay Solutions (IPPS).
Incoming service agreements are contracts between the university and a non-federal client where the client will pay UCSD to conduct or perform a given task.
The flow of funds coming in to the university for performing a service differentiates an incoming service from procurement or other sponsored research activity.
Voluntary charitable contributions to the university donated (without the expectation of any return in benefit) are instrumental in supporting our ongoing Campaign.
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