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Technology Commercialization: Russian Challenges, American Lessons (1998)
Office of International Affairs (OIA)

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. "Appendix C: Excerpts from the National Competitiveness Technology Transfer Act of 1989." Technology Commercialization: Russian Challenges, American Lessons. Washington, DC: The National Academies Press, 1998.

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of the cooperative research and development agreement, is held by any person or organization with whom such employee is negotiating or has any arrangement concerning prospective employment;

(D) require that each employee of the laboratory who negotiates or approves a cooperative research and development agreement shall certify to the agency that the circumstances described in subparagraph (C)(i) and (II) do not apply to such employee;

(E) require the laboratory to widely disseminate information on opportunities to participate with the laboratory in technology transfer, including cooperative research and development agreements; and

(F) provides for an accounting of all royalty or other income received under cooperative research and development agreements.

(2) The requirements described in paragraph (1)(C) and (D) shall not apply in a case where the negotiating or approving employee advises the agency that reviewed the applicable joint work statement under section (c)(5)(C)(i) of the Stevenson-Wydler Technology Innovation Act of 1980 in advance of the matter in which he is to participate and the nature of any financial interest described in paragraph (1)(C), and where the agency employee determines that such financial interest is not so substantial as to be considered likely to affect the integrity of the laboratory employee's service in that matter.

(3) Not later than 180 days after the date of enactment of this Act, each agency which has contracted with a non-Federal entity to operate a Government-owned laboratory shall submit a report to Congress which includes a copy of each contract provision amended pursuant to this subsection.

(4) No Government-owned, contractor-operated laboratory may enter into a cooperative research and development agreement under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 unless—

(A) that laboratory's operating contract contains the provisions described in paragraph (1)(A) through (F); or

(B) such laboratory agrees in separate writing to be bound by the provisions described in paragraph (1)(A) through (F).

(5) Any contract for a Government-owned, contractor-operated laboratory entered into after the expiration of 150 days after the date of enactment of this Act shall contain the provisions described in paragraph (1)(A) through (F).

(6) Contract provisions referred to in paragraph (1) shall include only such provisions as are necessary to carry out paragraphs (1) and (2) of this subsection.

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Front Matter (R1-R10)
Perspective From a University with an Industry-Funded Research Program (1-7)
Commercializing University Technology (8-15)
Legal Issues of Special Concern to Technology Commercialization (16-23)
An Industrial Perspective on Technology Commercialization in the 1990s and Beyond (24-32)
Research, Technology Development, and Commercialization (33-40)
View from a National Laboratory (41-43)
The Role of Industrial Institutes in Creating and Maintaining Russia's Industrial Potential (44-49)
Problems of Taxation and Technology Commercialization in Russia (50-54)
Commercialization of Scientific and Technical Developments at Higher Education Institutes (55-59)
Development of Legal Regulations for Technology Commercialization in Russia (60-66)
Commercializing for the Polymer Industry: The Experience of an Academy Institute (67-74)
The Main Problem in Commercialization of Scientific Research Results (75-84)
Areas of Further Consideration (85-88)
Appendix A: Workshop on Technology Commercialization Agenda (89-90)
Appendix B: Excerpts from the Bayh-Dole Act (91-98)
Appendix C: Excerpts from the National Competitiveness Technology Transfer Act of 1989 (99-104)
Appendix D: Commercializing Technology (105-106)
Appendix E: U.S. Patent Law Provisions that Promote University-Based Patenting and Technology Transfer (107-111)
Appendix F: Description of the Centennial Campus (112-113)
Appendix G: Innovation Research Fund (114-115)
Appendix H: First Flight Venture Center (116-116)
Appendix I: NIST Advanced Technology Program (117-119)
Appendix J: The Industrial Research Institute, Inc. (120-121)
Appendix K: NSF Industry/University Cooperative Research Centers Program (122-128)
Appendix L: U.S. Tax Policy Issues (129-132)
Appendix M: University Unrelated Business Income Policy (133-134)
Appendix N: Visits in Russia and the United States (135-138)