Information generated by the University as
fundamental research
will not be
subject to disclosure restrictions and the University may treat it as being in
the public domain. This means that
it doesn't fall under export control regulations and the University may disseminate it to
the researchers and others.
However, some protection must be provided for a
third-party company which has
provided information to be used, for example, in the development and
fabrication of devices. If the information that the company wishes to keep
restricted does not go to the intellectually significant portions of the
research, then the University might need to enter into a non-disclosure agreement with the company
about the export-controlled information.
Another issue that might arise is that the company may determine that it
should get a license to disclose the information or technology to
foreign
researchers. In this case, it is the company's responsibility to obtain
the export control license because it is the company's proprietary information
or technology that is in question.
It is important to negotiate with the company about contract language that
will ensure that the University-generated information is not made subject to
export control regulations because the language is too restrictive.
This will protect the University's ability to invoke the fundamental research
exclusion.
Also, it is important to get language in the
clause which places the burden on the company to clearly mark all export
controlled (proprietary) information and technology that it intends to provide.
Below are links to some guidelines specific to contract language and it's use at UNM.
