Role | Responsibility | TTIPM Licensing Staff | - Negotiates and approves MTA and any amendments
- Keeps MTA records
| Berkeley Lab Researchers, Including Affiliates | - Submit or forward MTA request to TTIPM
- Appropriately label outgoing materials and secure third-party materials
- Ship through the Shipping and Receiving Department
- Comply with third-party MTA obligations, and request that TTIPM negotiate any needed changes
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F. Definitions/AcronymsTerm | Definition | Tangible Research Material | Items produced in the course of research that are not generally commercially available. Tangible research material includes such items as biological materials, chemical compounds, computer software, integrated circuit chips, prototype devices, and equipment that is not yet available on the market.
Tangible research material is separate and distinct from intangible (or intellectual) property such as inventions, patents, copyright, and trademarks. | Affiliates | Non-Laboratory employees engaged in on-site Laboratory activities. Affiliates are subject to training in safety and other subjects. They are also issued a Berkeley Lab identification badge. Affiliates may receive system accounts, research access to facilities, and a per diem allowance for housing and living expenses. Examples: Facility users, scientific collaborators, students | Intellectual Property (IP) | Intellectual property (IP) refers to creations of the mind: inventions, creative, literary and artistic works, and symbols, names, images, and designs used in commerce. The means to protect IP include patents, trademarks, copyright and trade secrets. Patents protect inventions. Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services. Copyrights protect works of authorship, such as writings, software, music, and works of art that have been tangibly expressed. Trade secrets are information that companies keep secret to give them an advantage over their competitors. While Berkeley Lab has discretion to secure and license patents, trademarks and copyrights, it is prohibited by DOE policy from licensing trade secrets. | Material Transfer Agreement (MTA) | A contract that governs the transfer of tangible research materials between two organizations, when the recipient intends to use it for his or her own research purposes. The MTA defines the rights and obligations of the provider and the recipient with respect to the materials and any derivatives. | Policy | Statements or directives from the federal, state, or local government; the University of California; or Berkeley Lab senior management that set a course of action, define acceptable conduct, or implement governing principles. Example: Berkeley Lab Site Access | TTIPM | Technology Transfer and Intellectual Property Management |
G. Recordkeeping Requirements- TTIPM keeps records of all material transfer agreements.
- Researchers must track the location and disposal of third-party tangible research materials obtained under an MTA.
H. Implementing DocumentsNone Licensing Manager Technology Transfer and Intellectual Property Management [email protected] J. Revision HistoryDate | Revision | By whom | Revision Description | Section(s) affected | Change Type | 1/2/2012 | 0 | H.Clark | Re-write for wiki (brief) | All | Major | 9/14/2012 | 1 | V.Wolinsky | Re-write for wiki (policy) | All | Major |
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