Industry Interactions

Industrial Sponsorship of your Research

Industrial Sponsorship of University research is becoming increasingly common. Such research contracts are likely to contain elements that are restrictive. While all such contracts must pass through the normal Grants and Contracts process, other divisions of the administration may become involved over certain issues. Our office can help to resolve many of these issues or can direct you to the appropriate University resource.

Here are a few issues that we may wish to negotiate with your industrial contact beforehand:

• Indemnification and Hold Harmless Clauses . Are we being asked to indemnify or hold harmless the firm that is sponsoring the work against claims that might be made against UMDNJ in the performance of the work? If so the wording must conform to guidelines and be specifically approved by Risk & Claims Management.

• Jurisdiction . Avoid phrases that ask that the Laws of the State of {Not New Jersey} be used in settling disputes. This is usually easy to resolve.

• Publication Restrictions . The University understands the need to delay publication from time to time, for short, well-defined periods, to allow appropriate measures to be taken to protect Intellectual Property. Such clauses should rarely ask for more than a few months delay. Call Patents and Licensing for appropriate wording or ask to see our Model Contract.

• Patent Rights . Most industrially sponsored research contracts will contain some language concerning ownership or licensing of patents that might result from the work. Our Model Contract contains one acceptable version of the rights we would grant under these circumstances. Please feel free to involve Patents and Licensing in the negotiations with the company early in the process to resolve such issues.

• Confidentiality. Many industrial concerns will wish to have confidentiality agreements in place before you can work with them. These agreements also protect the University. On the following pages is a typical format in the event that we wish to disclose information to a commercial firm ad wish to restrict the uses to which they may put the information. Similar mutual confidentiality agreements are possible.