Section 703.18 - Licensing and Assignment of Intellectual Property Rights(a) The Grant Recipient bears the responsibility for licensing activities including identification of potential licensees, negotiation of License Agreements, documentation of the progress and development under a License Agreement, monitoring the performance of the licensee, and taking commercially reasonable actions to enforce the terms of the License Agreements.(b) Each License Agreement for Project Results entered into by the Grant Recipient shall include an acknowledgement by the licensee that such License Agreement is subject to the Institute's licenses, interests and other rights, if any.(c) Nothing herein prohibits the Grant Recipient from negotiating an exclusive License Agreement for Project Results if exclusivity is reasonably believed by the Grant Recipient to provide an economic incentive necessary for achieving commercial development and availability of the Project Results. The Grant Recipient shall take reasonable action to enforce the terms of the exclusive license and report any default notice to the Institute.(d) A not-for-profit Grant Recipient negotiating exclusive or non-exclusive License Agreements shall seek to retain the right to exploit the use of its Project Results and utilize the same for its non-commercial purposes.25 Tex. Admin. Code § 703.18
The provisions of this §703.18 adopted to be effective August 1, 2010, 35 TexReg 6656; amended to be effective March 2, 2014, 39 TexReg 1386