University-Industry Research Partnerships: The Major Legal Issues in Research and Development Agreements

University-Industry Research Partnerships: The Major Legal Issues in Research and Development Agreements

University-Industry Research Partnerships: The Major Legal Issues in Research and Development Agreements

University-Industry Research Partnerships: The Major Legal Issues in Research and Development Agreements

Synopsis

"A wide-ranging, literate, and thoughtful guide to the issues surrounding corporate sponsorship of academic research." --R. H. Helmholz, Rosenson Professor of Law, The University of Chicago

"This book is a useful guide for anyone interested in the evolving relationship between higher education and industry that is quietly reshaping America's research infrastructure. From contracts to case law and ethics, Professor Reams illuminates an immensely important subject." --Edward T. Foote II, President, University of Miami

Excerpt

Within the past decade rapid scientific breakthroughs in university sponsored biotechnology research have attracted the interest of corporations which see these scientific advancements resulting in the promise of big profits. Historically, universities have maintained close ties with industry, whether it be for philanthropic support, use of faculty as consultants, or the funding of research partnerships. However, over the past few years, with the advent of large, multimillion dollar biomedical contracts between industry and universities, concern has been expressed regarding the ethical and legal issues which confront the nonprofit university entering into these new agreements. As an introduction, this book identifies and pulls together a variety of historical sources precedent to today's major university-industry contractual arrangements. Beginning with the Morrill Act to the present, the research policies of government, industry, and universities are reviewed.

This text examines the legal problems inherent in university-industry cooperation and the method in which our laws are utilized by both parties to address those concerns. The law of university-industry research relations is categorized and examined under the following topics: contract law and the case law of higher education, general contract law and business law, contract law and statutory guidelines, and methods of dispute resolution. Major judicial cases, statutes, and administrative rules and regulations are cited and discussed.

An original analytical and comparative examination of three major research contracts is presented: Massachusetts General Hospital-Hoechst A.G. Contract of 1980 ($70 million); Washington University-Mallinckrodt, Inc., Agreement of 1981 ($3.88 million); Washington University-Monsanto Biomedical Research Agreement of 1982 ($23.5 million). A fourth contract--Washington University-Anheuser-Busch Micromixing Research Agreement of 1983 ($600,000)--concludes the presentation as an example of a typical spin-off agreement resulting from prior successful relationships with industry.

The success of these existing agreements serves as the foundation for future cooperative research ventures. Many other major research corporations are watching the results of these research interactions before seek-

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