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Section: 196.1121 Reimbursement of costs allowed if four-part test met--institutions or organizations receiving grants or awards to retain title to all inventions, data and discoveries--rulemaking authority. RSMO 196.1121


Published: 2015

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Missouri Revised Statutes













Chapter 196

Food, Drugs and Tobacco

←196.1118

Section 196.1121.1

196.1124→

August 28, 2015

Reimbursement of costs allowed if four-part test met--institutions or organizations receiving grants or awards to retain title to all inventions, data and discoveries--rulemaking authority.

196.1121. 1. Grant or contract awards made with moneys appropriated from

the life sciences research trust fund shall provide for the reimbursement of

costs. Whether reimbursement of specific costs is allowed depends on the

application of a four-part test balancing which shall include:



(1) The reasonableness of the cost;



(2) The connection to the grant or contract;



(3) The consistency demonstrated in assigning costs to the grant or

contract; and



(4) Conformance with the specific terms and conditions of the award or

contract.

The life sciences research board may from time to time issue rules and

guidelines consistent with such four-part test and provide grant and contract

recipients with a list or other explanation of regularly permitted costs.



2. Grant and contract recipients shall preserve research freedom, ensure

timely disclosure of their research findings to the scientific community,

including through publications and presentations at scientific meetings, and

promote utilization, commercialization, and public availability of their

inventions and other intellectual property developed as a general

institutional policy. Institutions or organizations receiving grant or

contract awards shall retain all right, title, and interest, including all

intellectual property rights, in and to any and all inventions, ideas, data,

improvements, modifications, know-how, creations, copyrightable material,

trade secrets, methods, processes, discoveries, and derivatives, regardless of

patentability, that are made in the performance of work under a grant award.

The life sciences research board shall adopt reasonable rules to ensure that

any such intellectual property rights are utilized reasonably and in a manner

that is in the public interest.



(L. 2003 H.B. 688)







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