§ 100602. Invention and Licensing Reporting Requirements.
17 CA ADC § 100602Barclays Official California Code of Regulations
17 CCR § 100602
§ 100602. Invention and Licensing Reporting Requirements.
(b) Within 60 calendar days after a CIRM-Funded Invention has been disclosed to a Grantee, the Grantee must notify CIRM of the CIRM-Funded Invention through the use of the CIRM Invention Disclosure Form, which will be received in confidence by CIRM. The Invention Disclosure Form shall identify the Grant under which the CIRM-Funded Invention was made, the Inventor(s) and the Principle Investigator. The Disclosure shall be sufficiently complete in technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, operation, and physical, chemical, biological or electrical characteristics of the CIRM-Funded Invention. If the CIRM-Funded Invention has been submitted for publication or presentation, then the Disclosure shall identify the publication, the date of the abstract or manuscript or presentation, the submission date and if relevant any publication dates, including publication via the internet.
(c) Within 90 calendar days after a Grantee executes a License Agreement (exclusive or non-exclusive) conveying rights in CIRM-Funded Inventions or CIRM-Funded Technology, a Grantee shall notify CIRM of the execution of such agreement(s) and submit to CIRM a copy of those parts of the agreement that address license revenue, including but not limited to upfront and milestone payments, royalties, income and equity. The notification and disclosures made pursuant to this subdivision by a Grantee may be made without identifying the licensee, and shall be marked “Confidential” in accordance with Health and Safety Code section 125290.30, subdivision (g)(2)(B). In lieu of the disclosure process described in this subdivision, CIRM and a Grantee may agree to an alternative method of conveying the information described in this subdivision.
(3) Grantees must report the total funding from all sources that directly contributed to a CIRM-Funded Invention disclosed or claimed in the patent application, including each co-funder's identity, the dollar amounts each contributed and the dates of contribution. CIRM may audit all such co-funding reports; and
(5) In the event that a CIRM-Funded Invention or CIRM-Funded Technology generates revenue or other consideration (whether from a License Agreement or otherwise), a Grantee must report such revenue or consideration received during the preceding 12 month period or since the last report, whichever is longer.
(f) CIRM reserves the right to itself and its agents to conduct an audit of the Grantee and Collaborators to ensure compliance with this Chapter. Grantee and Collaborators must maintain and provide such documentation as is necessary to establish compliance. Further, Grantee must ensure that its Collaborators, Grantee Personnel and all Exclusive and Non-Exclusive Licensees maintain such documentation as is necessary to establish compliance.
Credits
Note: Authority cited: Article XXXV, California Constitution; and Section 125290.40(j), Health and Safety Code. Reference: Section 125290.30, Health and Safety Code.
History
1. New section filed 12-17-2009; operative 12-17-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 51). For prior history, see Register 2007, No. 26.
2. New subsection (c), subsection relettering and amendment of newly designated subsections (d)(4) and (e) filed 1-27-2014; operative 1-27-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 5).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 17, § 100602, 17 CA ADC § 100602
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