X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
California wants to protect its gold. Its intellectual property gold, that is. Last year the Legislature passed a bill calling for a study on how the state should deal with IP created under state grants and contracts. Now a 17-person study group is coming up with specific recommendations for the governor and Legislature. At issue is who actually owns the IP — the state funding agency or the grantee. “One question is how far do you go to keep the benefits of a project within the state when [Californians] paid for it with their taxes,” said study group member James Pooley, a partner at Milbank, Tweed, Hadley & McCloy. Pooley said one of the questions the group is trying to answer is whether the state should put IP from state-funded research into the public domain or take ownership of the IP and license its use to others. The study group was put together by the California Council on Science and Technology, a state organization that advises the government on scientific issues. Susan Hackwood, CCST’s executive director, said each state agency and department currently has its own policies for dealing with IP, which has made it increasingly difficult for people to do business with the state. Hackwood said she knows of no other state that has developed a uniform IP policy. The federal government’s policy is laid out in the 1980 Bayh-Dole Act. The legislation allows universities to retain ownership of federally funded inventions and requires that they license rights to others to commercialize the inventions. “We hope [our study] will have the same positive impact on IP transfer as Bayh-Dole has at the federal level,” Hackwood said. The study group is also making separate recommendations for handling IP from stem cell research authorized under Prop 71. The initiative, passed by California voters in November, will pump $3 billion into stem cell research at California universities and research institutions over the next 10 years. “The question is whether the state should share in any royalty revenue generated from patents under the stem cell initiative,” said Alan Bennett, co-chair of the study group and associate vice chancellor for research at University of California-Davis’ Office of Research, Technology and Industry Alliances. The report on stem cell research is to be completed in June, while the broader report on IP policy is due at the end of the year.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.