Sec. 102.256. PATENT ROYALTIES AND LICENSE REVENUES PAID TO STATE  


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  • (a) The oversight committee shall establish standards that require all grant awards to be subject to an intellectual property agreement that allows the state to collect royalties, income, and other benefits, including interest or proceeds resulting from securities and equity ownership, realized as a result of projects undertaken with money awarded under Subchapter E.

    (b) In determining the state's interest in any intellectual property rights, the oversight committee shall balance the opportunity of the state to benefit from the patents, royalties, licenses, and other benefits that result from basic research, therapy development, and clinical trials with the need to ensure that essential medical research is not unreasonably hindered by the intellectual property agreement and that the agreement does not unreasonably remove the incentive on the part of the individual researcher, research team, or institution.

Amended by: Acts 2007, 80th Leg., R.S., Ch. 266 , Sec. 4., eff. November 6, 2007. Acts 2011, 82nd Leg., R.S., Ch. 448 , Sec. 1, eff. September 1, 2011.