CREATING ETHICAL UNIVERSITY-INDUSTRY PARTNERSHIPS

The federal government, state governments, regulatory agencies, academ ic societies, and others increasingly exhort universities and industry to join in research and development. The profound differences in miss ion and goals between institutions of higher education and for-profit corporations are largely ignored, except by those on the front lines w ho negotiate agreements to live by. Remaining true to one's institutio nal mission and societal role is a matter of ethical concern. Universi ty/industry goal polarization is never more apparent than in negotiati ng rights to intellectual property. Industry and academe are advised t o negotiate such agreements under guidelines set down by the world's g reat thinkers. A basic ethical framework is given for handling patent rights disputes: (1) negotiate in best faith; (2) let patent ownership vest with the university partner; (3) grant the industrial partner an exclusive license in the most desired field of use under favorable te rms; (4) provide the industrial partner an opportunity to negotiate a nonexclusive license for serendipitous discoveries outside the negotia ted exclusive field of use; (5) beware of well-meaning set-asides and provide for appropriate sublicensing, so that critical technologies ma y surface quickly; (6) stay the course with patience, continuing educa tion, and persistence.