Biomedical Engineering Reference
In-Depth Information
easily integrated, allowing participation without more work. Universities post
their research using an online form or “ plug - and - play ” integration with exist-
ing database tools, enabling them to post more research.
9.4.3.3 University-Industry Demonstration Project—TurboNegotiator
The University-Industry Demonstration Project, or UIDP, is a group of uni-
versity and industry representatives brought together under the aegis of the
National Academies of Science and Engineering. UIDP looks for ways to
lower the transaction costs and effort of collaborative research agreement
negotiations:
One university estimates that it requires approximately 5 times the staff effort
(per dollar received) to negotiate an industry contract/grant as compared to a
government one. University and company data are consistent in painting contract
negotiation as a process that takes, on average, approximately 70 days—but can
range up to years. Regardless of which side of the negotiating table one sits, over
2 months to reach an agreement is unacceptable [24].
As a fi rst project, the UIDP began developing the TurboNegotiator tool, which
is available in pilot form as of this writing. Inspired by the popular TurboTax
software, TurboNegotiator (TN) is designed to be a step - by - step “ wizard ” that
walks collaborating parties through the key elements of a collaborative
research arrangement, drawing on a database of standard legal clauses, fi lling
in variable blanks such as revenue targets or royalty terms or fi elds of use, and
compiling a complete agreement. TN is designed to cover IPRs, indemnifi ca-
tion, publication rights, and more [25].
The benefi ts of a system like TN are easy to imagine—faster turnaround
on negotiations due to rapid information exchange, harmonized expectations,
and shared understanding of needs. It also helps to build capacity in negotia-
tions where one party may be signifi cantly less skilled or funded than the other
by creating a level playing fi eld to engage in complex issues of property.
9.5
CONCLUSION
Collaboration in the life sciences touches on international IPRs at almost
every point of the knowledge creation cycle and is at the heart of the majority
of contemporary business models for life sciences. Making sure that IPRs,
especially patent rights, have been negotiated in advance when possible is the
easiest way to make long-term commercial use possible.
However, the relentless pursuit of IPRs—again, especially patents—comes
at a price. The pressure to know where patents do and do not exist, who owns
them, and what must be licensed to get to market exacts a high cost on all
parties, but none more so than those attempting to take drugs or foods to
market that face a small market. Adopting a licensing strategy in negotiation
that reserves safe harbors for rare diseases, nonmarket uses, humanitarian uses,
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