Publication Rights
When working with industry, UA researchers should realize that companies often prefer not to promptly publish the latest research results, electing instead to develop new business opportunities around those results before competitors can do likewise. Universities, in contrast, have an obligation to disseminate the new knowledge they create, and may not contractually waive the right to do so.
Because of those differences, industry-sponsored projects at the University of Arizona must pay special attention to terms dealing with publication rights. Typical language, which has been found acceptable in most cases, provides that:
- Each party has a right to publish its own Works. Each party must submit an advanced copy of any Work arising from Project to the other party at least one month prior to the planned publication date.
- Either party may delay publication of a Work of the other party arising from Project by submitting a written request to the other party. Upon receipt of such a request, the receiving party will delay publication for one month beyond the review period provided for above. Additional delays may be granted if agreed to in writing by both parties.
- Neither party may include in its publications or otherwise disclose to a third party any information received from the other party and clearly marked as confidential or any information received orally and confirmed in writing as confidential within ten days of receipt.
Sponsored project agreement terms that call for long, or indefinite, delays in publication, or that transfer the publication decision from the UA principal investigator to the sponsoring company, are seldom appropriate for an academic environment.
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Last modified: June 27, 2008.
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