Corporate Partnerships and

Intellectual PropertyPresented by the Office of University

Advancement and the Office of Sponsored Programs

Historical Role of Corporate Donor vs. the Paradigm of

Corporate InvestorWith receding economics, global competition, increased financial accountability and public

scrutiny, corporations are handling philanthropic dollars in a strategic way rather than on an ad-hoc basis. Corporations have moved from the role of

donor to that of investor seeking long-term strategic business relationships with academia. Corporations are seeking more accountability

when giving measurable results and more productive forms of recognition.

source: Five Essential Elements of a Successful Twenty-First Century University Corporate Relations Program, White Paper presented at the NACRO Conference, August 1-2, 2011.

Corporate Investors Seek Holistic Value through a Comprehensive

Academic-Industry Approach

A. Over the last 4 years corporations have been decreasing the number of universities with which they are working.

B. Companies have even begun to establish academic relationships with foreign universities due to their interest in global growth, abundant R&D personnel, and more favorable intellectual property terms.

C. Fewer corporate resources are now available to U.S. universities, which have to work harder to attract and build partnerships with corporations.

source: Five Essential Elements of a Successful Twenty-First Century University Corporate Relations Program, White Paper presented at the NACRO Conference, August 1-2, 2011.

Example of Process used by Corporation seeking Technology/Partners

Companies evaluate universities as prospects for partnership. Their evaluation process might go as follows:

• Identify Wants: List of technology, products needs and external resources required to meet growth objectives.•Find: Identify universities, companies, technology start-up ventures (venture capital opportunities), brokers, government labs, vendors, suppliers, other sources that provide “wants.”•Get: Determine deliverables, set plans, and negotiate agreement to access resources.•Manage: Ensure that relationship meets targets/goals (includes metrics, alliance management, ongoing interactions).source: Kimberly-Clark University Program, Presented at the NACRO Conference, August 16-

17, 2007

Example of Process used by Corporation seeking to Create Partnership with

University Once Corporation Identifies Desired University Partner

O Develop fully-aligned strategy for university collaborations• Current focus = Research• Phase II = Align with Recruiting, Philanthropy, Licensing

O Deliver value to the Enterprise• Meet business needs• Address technology gaps and accelerate development

O Strengthen communication/coordination, both internally and with partners.

O Manage strategic university relationships as a partnership to ensure full value is attained. As a company builds trust with the University and the relationship

deepens, more engagement opportunities arise.

source: Kimberly-Clark University Program, Presented at the NACRO Conference, August 16-17, 2007

Awareness• Career Fairs1

• Interviews1

•EDU Account2

Support • Student Consultant4

•Hardware Grants3,5

• Curriculum Dev./ ABET Support & Fundraising3

•Workshops and Seminars4

• Support Contract3 •Student Organizations Sponsorships3 •Philanthropic Support6

•Guest Speaking/Lectures4

Sponsorship• University Initiative Sponsorship3

•Undergraduate Research Program Support3

•Graduate Fellowships5

•Collaborative Research Program Report5,3

•Outreach Programs6

•Support for Proposals for Education (NSF,NASA,etc.) 3,5

•BETA Programs3

Strategic Partner• Executive Sponsorship3,6

•Joint Partnership3,5,6

•State Education Lobbying3

•Major Gifts3,5,6

• Business Development2,5

Levels/Areas of Engagement Activities

Phase One Phase Two Phase Three Phase Four Phase Five

Involvement • Industry Affiliates/ Advisory Program3

•Research Grants3

•Internship/Co-op•Software Grants3

KEY:1. Recruiting2. Education Sales3. UR Account

Managers4. UR Programs5. UR Research6. Other

(Philanthropy, Alumni, Executive)

sources: Five Essential Elements of a Successful Twenty-First Century University Corporate Relations Program, White Paper presented at the NACRO Conference, August 1-2, 2011.; HP Relationship Continuum, Wayne C. Johnson, Former VP, HP University Relations

One Stop Shopping:Identifying University-Wide Areas of Partnership

Philanthropy

Recruiting

Research

Board Service

Executive Developme

nt

Corporate

Relations

source: Five Essential Elements of a Successful Twenty-First Century University Corporate Relations Program, White Paper presented at the NACRO Conference, August 1-2, 2011.

Office of Sponsored Programs (OSP) and Corporate And

Foundation Relations (CFR): Who Handles What?

A. OSP – Federal and state grants, clinic projects, research collaborations, industry subawards.

B. CFR – Foundations, non profits, certain industry partnerships, corporate donors.

C. Office of Research - Technology transfer, intellectual property, material transfer agreements.

Tools to Evaluate Corporate/University Partnerships

source: Five Essential Elements of a Successful Twenty-First Century University Corporate Relations Program, White Paper presented at the NACRO Conference, August 1-2, 2011.

How this Relates to You

Philanthropy

Commercialization, IP,

Licensing, & Economic Dev.

Research Collaboratio

ns

Board Service

Executive Developme

nt

Corporate

Relations

Developing a Corporate Partnership

O Consulting relationships O Alumni employment relationships- i.e.

Lockheed MartinO Professional organization contacts O Employers of adjunctsO Conferences & networking eventsO Collaborations on other research

projectsO Departmental/college advisory boards

Types of Corporate Partnership Agreements Gift Agreements (CFR)

Sponsored Research Agreements (OSP)• Contracts• Licenses/Intellectual Property• Fee-for-Service

Gift AgreementsO Usually outlines expectations of the

funder, including use of funds for purposes described in the proposal

O Often requires written approval for the use of funds that differs from proposed budget and return of unexpended funds

O Can require narrative and financial reports on outcomes of project and expended funds

Sponsored Research Agreements (OSP)

O Contracts (including Clinic Projects)O Material Transfer Agreements O Subawards from industries

contracting with federal, state, or other partners

Licenses/Intellectual Property

O Must be agreed upon in writing prior to start of any project, usually as a Research Agreement or Memorandum of Understanding (MOA)

O Each agreement will be unique to the company and work to be performed

O Licensing Intellectual Property 1. Depends on language of Research Agreement2. Any IP owned by Rowan may be licensed to other companies;

terms of agreements are unique to each agreement3. Exclusive vs. non-exclusive4. Length of agreement5. Ability to sub-license

O Royalty Distribution1. Depends on language of Research Agreement2. Rowan IP Royalty Policy (50% to inventor)3. None if company is sole owner of IP

Fee-For-ServiceO Available for Standard Services that can be provided to any

consumer in the general public.a. Example: Routine laboratory testingb. Fixed Price: sponsor must not request remainder of

unexpended funds c. No proprietary data may be involvedd. Must not involve human subjects, animals, biosafety

issues, recombinant DNA, radioisotopes, or hazardous/toxic substancesO No university overhead collected; funds stay within the

department.O Department /academic unit is responsible for financial

management of the project.O Requires an official agreement; templates are available through

OSP.

Issues in Partnering1. Publications• Depends on Language of Research

Agreement• Invention must not be disclosed

until after protection has been filed• New system: first to file (instead of

first to invent)2. Intellectual Property Ownership• Joint Ownership• Rowan Owns with Exclusive License

to Sponsor

Issues in Partnering (con’t)3. Conflicts of Interest• Exist when it can be reasonably determined that an

investigator’s personal financial and other concerns could directly and significantly influence the design, implementation or reporting of grants and sponsored projects activities

• Include immediate family (spouse/partner and dependent children)

• Require disclosure of any significant financial interests that would appear to be affected by the project such as:

1. Anything of significant monetary value (including salaries or payment for services)

2. Direct equity interests (stocks, options, ownership interests)3. IP rights owned by investigator

• Principal investigators are responsible for ensuring that all participants provide any conflict of interest disclosures

• If conflict of interest exists, Rowan University Disclosure Statement must be completed; reviewed by Disclosure Review Committee

Issues in Partnering (con’t)

4. Consulting• Completed outside normal scope of

work• No money transferred to Rowan• No Rowan resources/students used

to complete projects• No protection for faculty/ staff acting

as consultants

Questions?

Note: All source material can be found at the NACRO Toolbox webpage: http://web.mac.com/nacro/NACRO/Toolbox.html

Deanne Farrell, University AdvancementDirector of Corporate and Foundation

Relations x5418Sarah Piddington, office of Sponsored Programs

Director of Technology Transfer x5482Dr. Shreek Mandayam, Office of Research

Associate Vice Provost for Research, x5333Stephanie Lezotte, Office of Sponsored Programs

Pre-Award Contracting Officer x4124Additional information: A free webinar will be hosted on February 2, 2012. For more information or to register, see the OSP Workshop website at http://www.rowan.edu/provost/grants/workshops/index.cfm

Workshop is hosted by NCIIA and Oregon State University