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ECU Agreements

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OTT'S reputation for effective management of university inventions is built upon a foundation of fair, equitable and responsible licensing practices with all of its licensees. Entrepreneurs or companies wishing to explore business development opportunities based on ECU inventions must demonstrate a sound business strategy by meeting the following requirements:

  • A viable commercialization and/or business plan
  • A competent business manager,experienced in relevant R&D and/or commercialization activities
  • Development milestones are established to assure active progress toward product development
  • Resources available to facilitate product development

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Consistent with academic tradition, the sharing of research materials serves to build and expand knowledge. However, the transfer of research materials carries responsibilities that should be recognized and respected by both providers and recipients of these materials.  Assurance of these responsibilities are recorded in Material Transfer Agreements (MTA's). MTA's govern the transfer of such tangible materials as biological materials (cell lines, plasmids, antibodies and vectors), animal models, compounds, equipment, software, and any resulting developments or derivations of such materials. Typical terms of an MTA define acceptable use of the material, ownership of the original material and any resulting derivatives, publication rights, intellectual property rights, and liability. MTA's are also serve as a valuable tool in meeting federal export control requirements for the transfer of materials among international collaborators. One very simple MTA that is consistent with the terms of the Bayh-Dole Act was generated by the Public Health Service for exchange of federally funded biological research materials by and between academic and non-profit research centers. The Uniform Biological Material Transfer Agreement (UBMTA) streamlines the review and approval process among institutions who have signed an implementing letter for the UBMTA. For institutions that are not eligible for, or signatories to the UBMTA, ECU has developed standard terms and conditions for the sharing of research materials with both academic and industry collaborators. ECU's Office of Technology Transfer has delegated authority for negotiation and signature of MTA's. OTT also has a long standing reputation for efficient handling of incoming and outgoing MTA's.

 

INCOMING MATERIALS:

Any incoming research materials requiring signature of an MTA should be directed to OTT.

 

OUTGOING MATERIALS:

Any transfer of ECU research materials to entities outside of ECU should be accompanied by an MTA.

FolderClick Here to Download the Agreement for the Transfer of Materials Between ECU and other Institutions

 

FolderClick Here to Download the Agreement for the Transfer of Materials Between ECU and Industry



CHECK BEFORE YOU SIGN

Did you know that only certain ECU Officials are allowed to sign contracts, grants, cooperative agreements, confidentiality agreements (CDAs), licenses, options, material transfer agreements (MTAs) and other documents?

Folder Click here to learn more about the appropriate delegations for Signatory Authority
Folder Click here to download the Patent Agreement and Assignment

Patent Agreement and Assignment

To be Completed by ALL ECU Employees and Graduate Students

I have read and I understand the Patent and Copyright Policies of East Carolina University which are subject to the Patent and Copyright Policies of the University of North Carolina (the “Policies”). 

ECU Patent Policy (http://www.ecu.edu/PRR/10/40/01

ECU Copyright Policy (http://www.ecu.edu/PRR/10/40/02/

UNC Policy 500.2 - Patent and Copyright Policies (http://www.northcarolina.edu/apps/policy/index.php?pg=vs&id=2787&added=1)

I also understand that my compliance with the Patent Policy is a condition of my employment with, or admission to, East Carolina University. I, therefore, agree to abide by the Patent Policy, including any amendments which may be adopted from time to time. 

I acknowledge my duty to disclose promptly to the University Office of Technology Transfer a full and complete disclosure of all discoveries and inventions that, based on my knowledge or information supplied to me by others, I have reason to believe may be patentable. I understand that certainty about patentability is not required before a disclosure is made. 

I will assign, and hereby do assign, to East Carolina University my right, title, and interest in all inventions, and improvements that I conceive and/or reduce to practice during the course of my employment at East Carolina University and/or in connection with my use of university facilities or funds administered by the University.  

In the event that the University determines, in its sole discretion, to pursue patent or other intellectual property protection, I agree to execute any declarations, assignments, or other documents necessary to comply with the terms of the Patent Policy, and to cooperate in the preparation of patent applications and other documents necessary in prosecution of the patent. I also understand that the University’s funding agreements with third parties, including the United States Government, impose certain obligations with respect to rights in inventions and, when requested to do so by the University, I will execute declarations, assignments or other documents necessary to comply with the terms of the funding agreements. Further, I hereby authorize the disclosure of this agreement to the United States Patent and Trademark Office, patent counsel, research sponsors, licensees, and any other individual or entity as is necessary to obtain intellectual property protection and/or to comply with the terms of funding and/or licensing agreements to which the University is a party.

I do not have any employment, consulting or other agreement with any third party which grants rights that are in conflict with this Agreement, and I agree that I will not knowingly enter into any such agreement.