On November 23, 1998, a research alliance was signed between Novartis Agricultural Discovery Institute (NADI, a subsidiary of Novartis) and the Regents of the University of California, Berkeley. NADI provides $25 million in research funding to those faculty in the Department of Plant and Microbial Biology (PMB, part of the College of Natural Resources) over five years. NADI also provides access to proprietary information, particularly a genetics database. One-third of the funds go to University overhead. In return, NADI gets first rights to negotiate licenses on a portion of patentable discoveries made in PMB, although UC generally retains the patent. NADI has influence, but not complete control, over the research done under the funding as well as oversight of implementation. They review publications and talks, and can prevent their release if they contain proprietary information, and can delay their release in order to file a patent.
Read the summary provided by University Relations.
28 of 30 PMB faculty signed on to the alliance. It went into effect Feb. 1, 1999, and the first progress report was filed March 2. However, this contract is only part of the alliance. Another $25 million for capital improvement from NADI to CNR was contingent upon passage of the research agreement. Furthermore, several contentious issues remain to be resolved, such as Novartis adjunct faculty, Novartis employees on campus, and the construction of a Novartis facility.
The full text of the agreement is available at University Public Relations, first floor of Sproul Hall.
The agreement is between NADI and the UC Regents.
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"NADI wishes to establish a facility close to the campus of the University"
(NADI-UCB) to house the genetic database, accessible to those who sign on to the
agreement.
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The research program is for 5 years, and can be extended by mutual consent.
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The alliance will be overseen by a Research Committee and an Advisory Committee.
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Research covered by this agreement (with respect to research results, publication, and
first rights to license) includes any research done during the five years by the PMB
faculty and staff members who have signed on to the agreement.
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Research results (as covered in the above description) are kept.
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Potential publication or disclosure to anyone not signed on the agreement of any
research results (as described 2 sections back) must be approved by NADI 30 days prior.
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Patents are generally held by UC.
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Each party is held liable to the extent that it is negligent or intentional.
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Either party can terminate the agreement with one year's notice. | |||||||||||||||||||||||||||||||||
UC will use its best efforts to not enter into other conflicting contracts. | |||||||||||||||||||||||||||||||||
Disputes will be handled by arbitration. | |||||||||||||||||||||||||||||||||
"NADI may assign this agreement and any right thereunder to any successor . . . to an affiliate of NADI." | |||||||||||||||||||||||||||||||||
Changes to the contract can be made in writing. | |||||||||||||||||||||||||||||||||
"The University agrees that is an independent contractor." | |||||||||||||||||||||||||||||||||
"All faculty members who receive research contracts or grants or a gift from the Novartis corporation, its subsidiaries or affiliated organizations . . . will be requires to disclose any financial interest they may have in those firms." | |||||||||||||||||||||||||||||||||
Yet UC administers "intellectual property rights for the public benefit" and encourages "the broad utilization of the results of University research." |