The Office of Research and Development is responsible for reviewing and, if necessary, negotiating award terms and conditions, to ensure that they do not conflict with applicable regulations, State law or University policy. After review of the proposed project, Office of Research and Development will draw up an appropriate agreement or will review the other party’s offered award notice, letter or agreement. An authorized institutional official in Office of Research and Development will sign the agreement. The Principal Investigator is not authorized to commit the institution by signing the agreement – however, the PI may sign to indicate commitment to a project or acknowledgment of agreement terms and conditions. In general, the Principal Investigator and department administrator are responsible for defining and agreeing to the scope of work and for ensuring that the agreed-upon budget covers the cost of the project and includes the appropriate F&A rate. The PI and department administrator are also responsible for routing the project prior to award acceptance or agreement signature.
Timetable: Review and negotiation of terms can take time. The negotiator needs to understand the project and how the agreement terms apply to it and to the University. The negotiator may also need to consult on the nuances of certain legal terms. The sponsor may or may not respond promptly to UMB’s comments. The bottom line is that there are certain “must haves” in our agreements, particularly required by State law and University policy. In the case of clinical study agreements, compliance with policy as to the agreement terms is essential to maintaining the accreditation of the IRB. The following terms are among those that require careful review and negotiation: Publication rights: PIs must be able to publish the results of their sponsored project work. The University will allow the sponsor an opportunity to review the manuscript prior to submission but cannot agree to long delays. USM Policy on Classified and Proprietary Work (see paragraph 3) Indemnification: The University is prohibited by State law from agreeing to indemnify or hold harmless any entity or individual. Arbitration: The University’s status as an agency of the State of Maryland prohibits it from agreeing to binding arbitration. Intellectual Property: The University’s position on ownership of intellectual property that results from a sponsored project is governed not only by University policies but also by the terms of bond covenants associated with the buildings in which the research is done. With rare exceptions, the University must own the intellectual property arising from a project, and may agree to offer the sponsor an option to license the intellectual property.
USM Policy on Intellectual Property
Other related policies | 
