A case in which the University of Texas is involved provides lessons on how to build contracts – including the right to execution – and the role of sovereign immunity when a licensee tries to force a state university to join a breach lawsuit. Unfortunately, it raises as many questions as it answers. Currently enrolled graduates will submit their thesis or thesis through an online system called Vireo. As part of Vireo`s submission process, students choose whether they wish to put their thesis in theories or thesis immediately or after a given embargo period (usually 1-2 years) at the TXST Digital Collections Repository, and students sign the non-exclusive sales license. The case is that of an UT licensee who attempted to sue Baylor College of Medicine for violating a valuable patent. But UT was not interested and refused to join the complaint as a necessary party. The licensee insisted that the university support the complaint and, ultimately, the U.S. Court of Appeals for the Federal Circuit ruled that UT could not be involved in litigation against its will because it had sovereign immunity. “Three judges agreed and divided on different things. They received a response based on what the treaty actually provides and what is reasonable and fair,” he explains. Technology transfer managers need to think about what they really want from the agreement and make sure that the language is tied to the agreement. If we look at the specific things that the judges focused on, the general sense was that the parties really wanted to do it if the trial was launched. The university should also determine what type of bachelor`s program it wants for a particular patent, he said.

O`Malley`s opinion makes it clear that the license is exclusive and for all areas of application worldwide. This meant that UT could not grant other licenses for the property, he said. Graduates of Texas State University who have not submitted their work via the Vireo system can continue to include their thesis or thesis in the Digital Collections repository by sending the non-exclusive license agreement signed with a digital copy (z.B.PDF, MS Word) of their thesis or thesis to: digitalcollections@txstate.edu. The agreement will allow CLC Texas to manage the nearly 200 manufacturers currently licensed to manufacture products with the famous Longhorn brand and other academic brands. Texas will also work with CLC to identify new retail opportunities, meet the needs of Longhorn fans, while implementing strategies to maximize the value of the Texas brand. These agreements serve as a starting point for negotiations with research sponsors, potential licensees and others, as the agreements suggest by their nature. Faculty members are cordially encouraged to use these documents as starting points; However, all contracts must be processed through the appropriate office of each UT institution. Add an author`s supplement to your publication agreement to indicate the rights you want to retain as an author. Just add this copyright addendum in which you specify the rights you retain as an author in your publication agreement. You will find more information and resources below and do not hesitate to contact us (digitalcollections@txstate.edu) in case of questions or help with the author`s addendum.