A public institution of higher education may classify only the following records as restricted:

(1)  that portion of a technology transfer record or sponsored research record to which access must be restricted for the purpose of securing and maintaining proprietary protection of intellectual property rights, including but not limited to patents, copyrights, trademarks, and trade secrets; or

Terms Used In Utah Code 53B-16-302

  • Contract: A legal written agreement that becomes binding when signed.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public institution of higher education: means an institution within the state system of higher education defined in Section 53B-1-102. See Utah Code 53B-16-301
  • Sponsored research: refers to research, training, and other sponsored activities as defined by the federal Executive Office of the President, Office of Management and Budget:
(a) conducted by a public institution of higher education through an office responsible for sponsored projects or programs; and
(b) funded or otherwise supported by an external person that is not created or controlled by the public institution of higher education. See Utah Code 53B-16-301
  • Technology transfer: refers to transferring information, commercializing research, or providing technical assistance between a public institution of higher education and external persons for the purpose of economic development. See Utah Code 53B-16-301
    • (2)  that portion of a technology transfer record or sponsored research record to which access is restricted for competitive or proprietary purposes, as a condition of actual or potential participation in a sponsored research or technology transfer agreement; provided, however, that upon receipt of a written request for a reasonably identifiable record, the public institution of higher education shall disclose:

    (a)  prior to a memorandum of intent to contract or an agreement in principle between the parties:

    (i)  the names of the parties, or, if the disclosure of names would cause competitive harm, a general description of the type of parties negotiating the technology transfer or sponsored research agreement; and

    (ii)  a general description of the nature of the technology transfer or sponsored research under consideration, excluding proprietary or competitive information; or

    (b)  after a memorandum of intent to contract or an agreement in principle between the parties:

    (i)  the names of the parties involved in the technology transfer or sponsored research;

    (ii)  a general description of the nature of the technology transfer or sponsored research to be conducted, excluding proprietary or competitive information; and

    (iii)  records of the technology transfer or sponsored research to be conducted, excluding those portions of records to which access is limited under this part or Title 63G, Chapter 2, Government Records Access and Management Act.

    Amended by Chapter 382, 2008 General Session

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