§ 100608. Revenue Sharing.
17 CA ADC § 100608Barclays Official California Code of Regulations
17 CCR § 100608
§ 100608. Revenue Sharing.
In the event that CIRM funds at least one-half of the total cost of the CIRM-Funded Project resulting in the licensed or transferred CIRM-Funded Invention, CIRM-Funded Technology or results of CIRM-Funded Research, then the amount owed is 25 percent of Licensing Revenue received in excess of $500,000 and shall be payable to the State of California for deposit into the State's General Fund (such payments to be used by the State of California in a manner consistent with Title 35 United States Code, Section 202, subdivision (c)(7)). The threshold amount of $500,000 (in the aggregate) shall be adjusted annually by a multiple of a fraction, the denominator of which is the Consumer Price Index, All Urban Consumers, All Items (San Francisco-Oakland-San Jose; 1982-84=100) as prepared by the Bureau of Labor Statistics of the United States Department of Labor and published for the month of October 2009, and the numerator of which is such Index published for the month in which the Grantee accepts the Grant. In the event that CIRM funds less than one-half of the total cost of the CIRM-Funded Project resulting in the licensed or transferred CIRM-Funded Invention, CIRM-Funded Technology or results of CIRM-Funded Research, then the amount owed is 15 percent of Licensing Revenue in excess of the threshold amount described above.
(1) A royalty on Net Commercial Revenue at a rate of 0.1% per $1 million of CIRM Grant(s) for the earlier of Ten (10) years from the date of First Commercial Sale of the applicable Drug, product or service, or until such royalty equals nine times the amount of the Grant(s). (By way of example, Grants totaling $15 million will result in royalty payments of 1.5% of Net Commercial Revenues.)
(2) In addition, upon satisfaction of the obligation in subsection (b)(1) above, a 1% royalty shall be owed on Net Commercial Revenues in excess of $500 million per year until the last-to-expire patent covering a CIRM-Funded Invention, if any, that generates or plays a role in the generation of, in whole or in part, said Net Commercial Revenue; provided at least $5 million in CIRM Grant or Grants were made in support of such CIRM-Funded Research, CIRM-Funded Technology or CIRM-Funded Inventions.
(c) Grantees and Collaborators shall include provisions within any license of a CIRM-Funded Technology or CIRM-Funded Invention ensuring that a Commercializing Entity, whether a licensee or sub-licensee, directly owes payments to the state pursuant to subdivision (b) of this section, where applicable.
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. Amendment of subsection (b)(3) filed 4-18-2012; operative 4-18-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 16).
3. Amendment 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, § 100608, 17 CA ADC § 100608
End of Document |