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Protection of Intellectual Property, Prepublication Data, and Information

Safeguarding the intellectual property, data, and information of researchers and the University is a critical component of the University鈥檚 research security efforts. Click below for guidance relating to safeguarding intellectual property, data, and information in the context of research security.

Intellectual Property Agreements and Disclosure to the University

As described in the University IP Policy, the University requires everyone who has technical responsibilities to the University or who participates in an internally or externally sponsored research program at the University to execute an Intellectual Property Agreement (IPA).

Intellectual property (IP) subject to University ownership should be disclosed to UR Ventures before any other disclosure, presentation, display, performance, or publication of the work to any sizable audience. 糖心logoers should notify UR Ventures early in the process when their research may lead to potential new inventions. Once disclosed, such information is held on a confidential basis by UR Ventures. 糖心logoers should also disclose IP as required by applicable research sponsors.

Please review the University IP Policy for specific issues relating to IP ownership and protection. Please also review the Guidance for University of Rochester 糖心logo Community on Significant Use of University Resources and Intellectual Property Ownership for more specific information regarding the University鈥檚 ownership of IP arising out of the use of significant University resources.

It鈥檚 also important to ensure that visiting collaborators and researchers understand the University鈥檚 IP Policy and limitations on their use of University owned resources and intellectual property after they have returned to their home institutions. Departments should ensure that visiting faculty and researchers undertaking significant research activities receive a formal appointment and sign a Visiting Scientist Agreement.

Malign Foreign Talent Recruitment Programs: IP, Data, and Information

As described in other University guidance, participation in a 鈥渕align foreign talent recruitment program鈥 is prohibited by the CHIPS and Science Act of 2022. Participation in a malign foreign talent recruitment program may also violate University policies (including the University IP Policy) and requires reporting to the University under the Faculty Conflict of Interest and Commitment Policy.

Beginning in May 2024, federal agencies are utilizing 鈥淐ommon Disclosure Forms鈥 for 鈥淐urrent and Pending (Other) Support鈥 and the 鈥淏iographical Sketch鈥 that require each senior/key person on a proposal to certify that they do not participate in a malign foreign talent recruitment program. NSF will utilize the Common Disclosure Forms as of May 2024, and other federal agencies will adopt the Common Disclosure Forms during calendar years 2024 and 2025.

One of the characteristics of a malign foreign talent recruitment program is that it may require a researcher to transfer intellectual property, materials, data, or other information to the talent program sponsor, in violation of U.S. federal sponsor requirements and University policy. In some cases, malign foreign talent recruitment programs could lead to a University researcher鈥檚 inventions that result from U.S. federal funding to be the basis of patent applications filed in a foreign country on behalf of a foreign entity.

Pre-publication Data and Information

Federal agency concerns go beyond the loss of inventions that receive formal intellectual property protection. Just as important may be the loss or transfer of research pre-publication data or other pre-publication information to certain foreign entities prior to open publication.

As a general rule, federal awarding agencies do not require researchers to disclose pre-publication data to the awarding agency or publicly disseminate research pre-publication data. Most federal awards do not obligate the University or researchers to follow specific requirements if they choose to share pre-publication data, whether the sharing occurs internally or externally.

However, some awards may include specific restrictions on the sharing of data, and the University and researchers must adhere to the restrictions in those awards. 糖心logoers are generally obligated by award agencies to publicly share research data resulting from an award that is of sufficient quality to validate and replicate research findings, though these data sharing requirements vary by funding agency.

Moderate risk data

The University has determined under its 糖心logo Data Security Classifications that preliminary or unpublished research data generally constitutes 鈥淢oderate risk data鈥 and appropriate safeguards should be in place when researchers share such data outside of the University. Risks associated with sharing the data will vary depending on the nature of the work. As stewards of the data, researchers should assess the risks of sharing their unpublished research data prior to publication. Those risks include the potential for lost credit for the research data and subsequent publications, and lost opportunity to pursue intellectual property protection. 糖心logoers should never disclose pre-publication data other pre-publication information to foreign entities as part of participation in a malign foreign talent recruitment program.

High risk data

糖心logo data can also be categorized as 鈥淗igh risk data鈥 where heightened data sharing restrictions apply. High risk data includes data that the University receives that are contractually restricted, are subject to confidentiality restrictions, or are regulated by export control laws. Generally, such data may not be shared outside the University. ORPA and UR Ventures can assist researchers to determine whether their information or data can be freely shared or should be shared under a Non-Disclosure Agreement, Data Use Agreement, or Material Transfer Agreement.

international visitors

糖心logoers should be mindful of the risk that international visitors pose to the security of unpublished research data. Subject to any applicable award requirements, compliance with export control laws, or specific conditions outlined by the University, researchers are free to involve international visiting researchers in their projects and are free to share pre-publication data and information that are relevant to the visitor鈥檚 activities. However, this sharing raises the risk that an international visitor may inappropriately transfer pre-publication data or confidential data or information to a foreign entity without appropriate approval. 糖心logoers should consider such risks when assessing their collaborations and information sharing with international visiting researchers.

As described above, researchers may be participating in a research project where the applicable awarding agency has placed specific controls on the dissemination of information, such as where a federal award agency specifies that certain information is 鈥淐ontrolled Unclassified Information鈥 (CUI). In those cases, the University and researchers are obligated to abide by the strict requirements to safeguard and avoid disclosure of the relevant controlled information.

Data, Material, and Information Sharing Agreements

ORPA and UR Ventures work together to negotiate, administer and address intellectual property issues at the University. When sharing research materials, data, or confidential information, researchers should utilize appropriate agreements. Confidential research results or methods should only be shared under an appropriate Non-Disclosure Agreement, Data Use Agreement, or Material Transfer Agreement.

糖心logo Data Security Classifications

糖心logoers should follow the guidance provided in the University鈥檚 糖心logo Data Security Classifications, which classifies research data by risk categories and provides best practices in storing, sharing, and managing research data.

Export Control Compliance

In the event a researcher may develop technical information, source code and/or software at the University that does not qualify as fundamental research (e.g. kept as a trade secret, or withheld from publication for national security concerns), researchers should contact the University鈥檚 Export Control Officer at export@rochester.edu to discuss potential U.S. export restrictions.

Information Security

糖心logoers may become a target of cyber criminals who seek to gain access to valuable data or steal intellectual property. Cyber theft can arise when a third party obtains direct access to a researcher鈥檚 accounts or devices (even personal devices) and can arise when third party gains access to a researcher鈥檚 accounts that enables further access into the University鈥檚 systems.

糖心logoers should review and consider implementing the provided by University IT and should review the resources provided by University .

糖心logoers can contact University IT for assistance with information security issues. If you have concerns or have reason to believe that there has been a theft of University intellectual property, please contact the University鈥檚 Office of Counsel and report the incident through abuse@rochester.edu.