Event Materials

Contracts & Intellectual Property Update: June 2019 Meeting

The document outlines recent developments and ongoing discussions concerning contracts and intellectual property at U.S. academic and research institutions, with a particular focus on the influence of foreign entities. It details the increasing scrutiny from legislative and federal agencies regarding foreign involvement in research, particularly from China, due to concerns about intellectual property protection and potential academic espionage. Legislative efforts concerning these issues are ongoing, with standalone bills seen as unlikely, but broader provisions may be incorporated into significant acts such as the National Defense Authorization Act. Areas of focus include enhanced disclosure requirements, measures to deter misconduct by foreign actors, and initiatives to boost domestic research and development.

Federal agencies such as NIH, DOD, and DOE are intensifying their oversight, exemplified by NIH investigations into undisclosed foreign support and participation in foreign talent recruitment programs. New protocols include expanded searches of researchers’ activities, such as email and calendar analyses, and increased attention to language-specific disclosures. Practical responses at the institutional level involve adopting best practices from university associations, increasing cooperation with law enforcement, ensuring accurate and updated disclosures by faculty, implementing stricter vetting of international collaborators, and enhancing data security and export control reviews. Overall, the document underscores the need for balanced policies that protect intellectual property and research integrity while fostering international collaboration and avoiding inappropriate profiling.

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