Provision Language
13. Publications and Public Announcements
(a) All reports and papers of research and other activities conducted under the Discovery Program may be published by IAVI or Theraclone in accordance with academic standards. Authorship shall be determined in accordance with academic standards. Any such reports or papers shall reference the fact that the Discovery Program was conducted pursuant to funding from IAVI and shall acknowledge IAVI’s source of funds. The Party wishing to publish agrees to submit an advance draft of any proposed publication or presentation of results to the other Party for review prior to publication. Within thirty (30) days of its receipt or fifteen (15) days in the case of oral presentations, the non-publishing Party shall advise the publishing Party in writing of any proprietary or patentable information contained therein and may, as necessary, formally request to delay the disclosure of the information. The publishing Party agrees to refrain from publishing any such information categorized by the non-publishing Party as proprietary or patentable for a period not to exceed thirty (30) days from the date of such written request, to enable the non-publishing Party to appropriately coordinate with the publishing Party to file for the protection of any intellectual property or proprietary property interests.
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(d) Neither Party shall prevent the other from publishing on their respective technologies provided that the publication does not disclose any Confidential Information of the other Party.
ATTACHMENT II – Supplementary Provisions: Standard USAID Requirements
Contractor shall comply with the standard USAID requirements specified in this Appendix. The term “Contractor’ shall also mean “Recipient” or “Grantee” and the term “Agreement” shall also mean “Contract”, “Award” or “Grant” for the purposes of these requirements.
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(18) Publications and Media Releases.
(a) Contractor shall provide to IAVI, for submission to USAID, one hard copy and one electronic copy in PDF form, if available, of all published works developed under this Agreement. Each document submitted should contain essential bibliographic elements such as 1) descriptive title; 2) author(s) name; 3) date of publication: 4) and a statement that this publication was funded in whole or in part by the International AIDS Vaccine Initiative under Cooperative Agreement No. GPO-A-00-06-00006-00 awarded by the U.S. Agency for International Development (Office of Health/AIDS, Bureau of Global Health, S.O. 936-004).
(b) In the event funds provided under this Agreement are used to fund the cost of publishing, any related profits or royalties realized by Contractor (up to the amount of these publishing costs) should be credited back to this Agreement.
(c) Except as otherwise provided elsewhere in this Agreement, the author or Contractor is free to copyright any books, publications or copyrightable materials development under this Agreement; however USAID reserves a royalty-free nonexclusive and revocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for U.S. government purposes.
(d) Any “public communications”, as defined in 22 CFR 226.2, funded under this Agreement in which the content has not been approved by USAID, must contain the following disclaimer: “This study/report/audio/visual/other information/media project is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents are the responsibility of [insert Contractor’s name] and do not necessarily reflect the views of USAID or the United States Government”.
Amendment 2
ATTACHMENT IV – NIH Standard Provisions
Theraclone shall comply with the standard NIH requirements specified in this Attachment. Throughout these provisions, Theraclone shall be defined as Subawardee.
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8. Publications and Media Releases. Subawardee will make the results and accomplishments of the Project Activities available to the research community and to the public at large. Subawardee shall provide to IAVI, for submission to NIH, one hard copy and one electronic copy in PDF form, if available, of all published works developed under this Agreement. Each publication, press release or other document that cites results from activities funded under this Agreement must include an acknowledgment of NIH grant support and disclaimer such as “The project described was supported by Award Number U19A1090970 from the National Institute of Allergy and Infectious Diseases. The content is solely the responsibility of the authors and does not necessarily represent the official views of the National Institute of Allergy and Infectious Diseases or the National Institutes of Health.”
The Subawardee is required to comply with the NIH Public Access Policy. This includes submission to PubMed Central (AMC), upon acceptance for publication, an electronic version of a final peer-reviewed, manuscript resulting from research supported in whole or in part, with direct costs from National Institutes of Health. The author’s final peer-reviewed manuscript is defined as the final version accepted for journal publication, and includes all modifications from the publishing peer review process. For additional information, please visit http://publicaccess.nih.gov/.
9. Copyright
a. Subawardee shall own the rights in data it generates from the Project Activities and any publications, data, or other copyrightable works developed under this Agreement may be copyrighted without NIH approval. Subawardee hereby grants NIH a royalty-free, nonexclusive, and irrevocable license for the Federal government to reproduce, publish, or otherwise use the material and to authorize others to do so for Federal purposes.
b. The disposition of royalties and other income earned from a copyrighted work is addressed on the NIH website http://grants.nih.gov/grants/policy/nihgps_2003/nihgps_part8.htm under “Administrative Requirements – Management Systems and Procedures – Program Income.”
10. Sharing of Research Data. Subawardee will ensure the timely release and sharing of final research data from the Project Activities for use by other researchers. “Timely release and sharing” is defined as no later than the acceptance for publication of the main findings from the final data set. Data intended for broader use should be free of identifiers that would permit linkages to individual research participants and variables that could lead to deductive disclosure of the identity of individual subjects.
11. Sharing of Unique Research Resources. Subawardee will share any unique research resources developed under this Agreement in accordance with the Principles and Guidelines for Recipients of NIH Research Grants and Contracts on Obtaining and Disseminating Biomedical Research Resources (64 FR 72090, December 23, 1999), which is available on the NIH website ( http://www.ott.nih.gov/policy/rt_guide_final.html ). Upon the request of the NIH awarding office, Subawardee must also provide a copy of documents or a sample of any material developed under this Agreement to NIH. Subawardee will submit unique biological information, such as DNA sequences or crystallographic coordinates, to the appropriate data banks so that they can be made available to the broad scientific community.