Forms & Policies that Protect IP

NDAs often referred as Confidentiality Agreement (CA), Confidential Disclosure Agreement (CDA) are used to protect the confidentiality of the IP. These intend to protect the sensitivity of the information, where the parties promise to not divulge or release information shared with them to any other person. If the information is leaked, the affected person can claim breach of contract. OTTS manages NDAs related to research contracts and potential research relationships. BGSU’s template NDA can be downloaded here: Non-Disclosure Agreement

MTAs are legal contract agreements between supplier and user of the materials/data to facilitate the exchange of the material and associated data. The MTA defines the rights of the provider and the recipient with respect to the materials/data and any derivatives. These agreements describe the terms under which BGSU researchers and outside researchers may share materials/data, and typically described uses. Intellectual property rights can be endangered if materials are used without a proper MTA. OTTS manages these agreements and BGSU's template can be downloaded here: Material Transfer Agreement.

Potential Conflict of Interest situation arise when BGSU employee, staff or student take actions or have interests that may make it difficult to perform their respective work they are responsible at BGSU. Conflicts occurs when a person’s private interests may interfere, in any way, with that of the organization (BGSU). A COIMP is used to set expectations and protect both parties from conduct that can potentially lead to conflict. A Conflict of Interest Management plan is established by following the process described in the Conflict of Interest in Sponsored Programs & Research policy as follows. The Vice President for Research & Economic Development (or his/her designee) shall consult with the employee's contracting officer (in most cases this will be the dean of the college). Together they shall review the disclosure, consult with the employee, and seek any additional information needed to determine whether the potential conflict of interest is of such a nature that it warrants institutional restrictions designed to manage, reduce, or eliminate the potential for conflict of interest. Either of their own accord, or upon the request of the employee, the Vice President for Research & Economic Development and the contracting officer may establish an ad hoc committee to review the situation and recommend a course of action.

Describe the terms under which two or more institutions (e.g., two universities) will collaborate to assess, protect, market, license, and share in the revenues received from licensing jointly owned intellectual property.

MOU is a formal document describing the broad outlines of an agreement that two or more parties have agreed upon after negotiations. These agreements are used to establish an official partnership in written form between the participating entities. OTTS manages MOU negotiation and execution.

An SRA is a legal contract used when an external partner provides funding to BGSU for a particular research project during a defined timeframe.  OTTS is responsible for negotiating  sponsored research agreements in conjunction with the Office of General Counsel. To learn more about SRAs and external engagement, please review the process for engaging with external partners and contact OTTS.

A SPA is a legal agreement to protect student IP rights of BGSU students when students complete projects to identify solutions for an external partner under the guidance of a BGSU faculty mentors through class projects both individual or as teams.  External Partners shall have the right to use data, information, and reports that are prepared by students in performance of the project in any manner the External Partner deems appropriate. If any IP is created in the completion of the project, the external partner will have the option to negotiate for an exclusive license to commercialize the innovation.  The purpose of these type of projects is to develop students' knowledge, skills, and general competence in order to specialize in a given field. This work may or may not be associated with a fee.  OTTS manages and negotiates SPAs with external parties and a sample SPA can be downloaded here Student Project Agreement