Research Byproducts Program
The University of Kentucky has recognized that in some instances it may be desirable to sell items produced as byproducts during the various research activities of the faculty, staff and students. The following Sale of Research Byproducts Policy was adopted September 30, 1998.SALE OF RESEARCH BYPRODUCTS POLICY
Researchers at the University of Kentucky sometimes create byproducts in the natural course of their conduct of laboratory research that have value to others. In some instances these byproducts would facilitate the research activities internal and external to the University. In other situations these byproducts could be used for calibration or standardization in research activities. But what appears to be a mutually beneficial arrangement may hold the potential for complications. Accordingly, it is necessary to dispose of these byproducts with some return to the institution.
A committee will be established on a case-by-case basis to make a determination regarding disposition of a specific research byproduct. The committee will be composed of a representative from the Office of the Vice President for Research, a UK Legal Counsel representative, and two to four faculty members with expertise in the subject area of the research but not affiliated with the unit, and one representative of central administration with a risk management focus.
The committee will make determinations on the following issues:
- the component in question must be a legitimate byproduct of research activities, i.e., it was created as a sole consequence of research activities and not as an outcome goal of the effort (no products may be produced for the purpose of sale)
- whether the proposed disposition of the products would be consistent with other applicable agreements
- whether federal funding was involved in supporting the research that resulted in the byproduct
- whether liability issues are manageable
- how the proceeds should be distributed between various units within the University
- will the byproduct be sold for in-house use only, not for resale (generally, resale will be deemed a high risk activity that results in unacceptable risk)
- the sale of the byproduct must not compete with private sector enterprises
As a guideline, proceeds will be divided in a manner parallel to that specified in Administrative Regulation II-1.1-3 on intellectual properties. However, this will be decided on a case-by-case basis and faculty/staff may well want to direct that their portion go to support continued work in the laboratory.