Licensing Performance Review
The University of Idaho assumes, through its Office of Technology Transfer (OTT), the responsibility for the protection and stewardship of intellectual property developed at the university and for which ownership is claimed by the Board of Regents of the University of Idaho (Board). In its “Institution Technology Guidelines,” adopted by the Board in June 2013, the Board declares that the primary objectives in licensing university intellectual property should be support of the university mission and use for public benefit. The Board emphasizes that, in order to meet these objectives, the university must seek licensees capable of bringing licensed intellectual property to the marketplace, ensure licensees develop, market and deploy licensed intellectual property and ensure that the university receives fair consideration in return for the rights licensed.
In order to fulfill its responsibilities, OTT will annually undertake an evaluation of the performance of certain licensees. University licensees will be selected for a performance review on the basis of a variety of factors, including but not limited to:
- Incomplete or inadequate reporting of commercialization activity and/or royalties due to the university based on commercialization of licensed rights;
- Routine payment of minimum annual royalty (MAR) in lieu of royalties based on commercial sales;
- Failure to meet diligence milestones established by the university in the license;
- Operation of the licensee outside the scope of rights granted by the license;
- Anticipated renewal of license by the parties for a long-term period; and
- Evaluation of newly formed companies licensing university technology.
The number of these performance reviews conducted each year will be determined in part on the need for such reviews and the availability of funds.