Or. Admin. Code § 648-050-0040

Current through Register Vol. 64, No. 1, January 1, 2025

Section 648-050-0040 - Guidelines Concerning Acquisition and Use of Intellectual Property

(1) The Commission may, at its discretion, license, share with, or otherwise provide for the use by a Person of Intellectual Property acquired or developed by the Commission. In determining whether or not to allow use of its Intellectual Property, the Commission may consider factors including, but not necessarily limited to, the public interest served in allowing its use; the cost and administrative burden of allowing its use; the furtherance of Commission purposes through allowing its use; the potential liability from allowing its use; the Commission's experience with the Person; the reputation in the community of the Person; the ability of the Person to pay an appropriate fee for the use of the Intellectual Property; the Person's execution of a Licensing Agreement or other documents satisfactory to the Commission; and the impact of allowing its use on the ability of the Commission to acquire or develop additional Intellectual Property.

(2) The Commission may, at its discretion, enter into agreements, including but not necessarily limited to materials transfer agreements, memoranda of understanding, or a license to use Intellectual Property. In determining whether or not to enter into such agreements, the Commission may consider factors including, but not necessarily limited to, the public interest served in allowing its use; the cost and administrative burden of allowing its use; the furtherance of Commission purposes through allowing its use; the potential liability from allowing its use; the Commission's experience with the Person; the reputation in the community of the Person; the Person's execution of a Licensing Agreement or other documents satisfactory to the Commission; and the impact of allowing its use on the ability of the Commission to acquire or develop additional Intellectual Property.

HEMP 3-2022, adopt filed 08/15/2022, effective 8/15/2022

Statutory/Other Authority: ORS 571.423(19) & ORS 571.444

Statutes/Other Implemented: ORS 571.444