(A) The university of Cincinnati is committed
to maintaining a teaching and research environment that is open to the free
exchange of ideas. The university will not approve agreements for the conduct
of externally sponsored research which impose unreasonable limitations on the
freedom to publish or to disseminate the results of sponsored research. As used
herein, "Sponsored Research" includes any research activity which is designed
to produce findings of the type which are commonly published in the scientific
literature. "Sponsored Research" shall not include testing agreements,
fee-for-service agreements, and similar projects which have been determined by
the university as being unlikely to produce any publishable or patentable
results.
(B) The university will
not permit terms in agreements for the conduct of "Sponsored Research" which
allow for sponsor editorial control over the publication of research results or
conclusions; call for unreasonable delays in dissemination of research results;
or which interfere with the evaluation of a student or fulfillment of degree
requirements.
(C) Subject to the
foregoing limitations, the university will accept reasonable limitations on the
right to disseminate research findings in the following circumstances:
(1) Sponsor comment period.
Agreements covering "Sponsored Research" projects may provide
for delay of publication, not exceeding ninety
one hundred
twenty days, when requested to permit a sponsor to offer comments or
suggestions, provided that such terms shall not include a requirement that the
author is bound to accept such comments or suggestions.
(2) Reviews for proprietary information.
Agreements covering "Sponsored Research" which require access
to and/or use of a sponsor's bona fide proprietary data or materials will be
accepted only if terms regarding access, use, and protection of such data or
materials do not unreasonably restrict the dissemination of scholarly findings
made within the project.
(3)
This is a test 08:20:00 Real time Delays
for intellectual property protection.
Delays, not exceeding ninety
one hundred
twenty days concurrent with the review period in
paragraph C(1) of this rule, are permitted to enable the university
and/or sponsor to screen proposed publications for possibly patentable ideas
and to commence necessary steps to assure appropriate legal protection for such
patentable ideas.
(4)
Multicenter clinical trials.
A delay for up to twelve
eighteen months following the conclusion of a
multi-center clinical trial is acceptable when necessary to permit a first
publication from the trial to represent the work from all sites. Any term
reflecting this delay must affirmatively provide for the ability of the faculty
member to publish site-specific results if no multi-site publication has
occurred within the twelve-month period, and for the right of the faculty
member to petition the sponsor to provide information (e.g. randomization
codes) which is reasonably necessary to permit a site-specific analysis and
publication to occur.
(D) In any circumstance in which a
publication restriction appears in a written agreement in violation of this
rule, the appropriate office of sponsored programs in coordination with the
office of general counsel and the principal investigator shall promptly confer
with the sponsor in an effort to remove or modify such restriction. If such
efforts are unsuccessful, such restriction or delay may be approved only upon
written request of the principal investigator subject to approval by the vice
president for research, who shall retain records of all such
approvals.