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9.6.6 General Policy Statement on Contracted Research Programs

Approved by Academic Council on February 14, 2002; Administration on April 24, 2002

It is the desire and intent of the University of the Pacific to attract research programs from private industry, thereby sharing with the private sector the business, scholarly and research resources of the University.

Contract research projects are generally conducted in an open, academic forum of faculty and qualified students. Our threefold purposes are client benefit, student education and faculty scholarship. We believe these are best attained under the most realistic team-client relationships possible.

Policy on Confidentiality The atmosphere of this University is one of an open exchange of ideas between all sectors of the faculty and students within a context of the sharing of the benefits of academic excellence. It is inherent in such free exchange of the results of scholarship that true confidentiality, in the industrial sense, becomes extremely difficult within this University environment where the learning process involves the free and open exchange of ideas and results.

However, the University recognizes that there exists within industry, a hierarchy of "company private" formulations, product performance data, research and design data, manufacturing costs and similar information.

The University is a center of learning and the client must bear in mind that the educational value of the experience is paramount to the student. Indeed the educational value of the experience is enhanced by the overtones of confidentiality because all professional practice requires judgment in dealing with client confidences. In particular, students need to learn the distinction between client-generated data and project-generated data. The contract research program can provide a supportive climate for teaching students how to handle these judgments even though strict confidentiality cannot be assured. The faculty will endeavor to extend to these students opportunities to develop professional attitudes on the rights of the respective parties.

Accordingly, University policy prohibits knowingly and/or intentionally revealing any such aforementioned confidential information to any third party without specific authorization of the client. A model contract for contracted research is on file in the Office of the Dean of the Graduate School.

Client Awareness Therefore, in keeping with the foregoing, our clients are asked to acknowledge that the University engages in the following educational practices:

  1. Throughout the academic year project teams give weekly presentations describing the progress of their work. All faculty and students are invited to these presentations, and attendance by sponsor representatives is an occasional occurrence.
  2. The faculty and students involved in project work reserve the right to timely publication of novel results generated by project teams while working on client's project. Project related work may be submitted for publication not earlier than one year after delivery of the final report without the client's approval. Following that year, the client will be given an opportunity to review and comment on any proposed publication. The year's delay allows the client to initiate patent defense or any innovation arising in the work. In most instances the project team and the University agree to assign patent rights to clients, subject to the University's right to a continuing royalty from the exploitation of such rights.
  3. Specific applications of project work naturally belong to the client who paid for the work, but abstract models and/or data generated during the term of the project can form the basis of publishable work by faculty and students.
  4. It is usual University policy to decline "CLASSIFIED" projects of the United States Government because of the difficulty of maintaining requisite security procedures.