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IX. Incubator Companies Housed
At UCSD
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Background
The Department of Bioengineering
received a Whitaker Foundation Leadership Award
in October 1998. One aspect of the proposal that
was highly praised by the Whitaker Foundation
was the creation of an experimental Technology
Transfer and Clinical Development Center on campus.
The purpose of the Center is to accelerate the
development of UCSD-created technologies, so the
results of University research might be made more
rapidly available for public benefit. The Center
is an innovative idea that was conceived and intended
to be implemented as an experiment. It is recognized
that while the Center has many potential benefits,
it also presents significant concerns relating
to openness of the academic environment, involvement
of students, conflict of interest, conflict of
commitment, and use of University facilities.
As an experiment, the Center will attempt to realize
the benefits and address the concerns, making
changes where appropriate, during its early stages
of development.
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Definitions
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For the purposes of this report, an Incubator
Company housed at UCSD is defined as a new company
carrying out early development of advanced technology
from University inventions housed in a UCSD building
that also houses UCSD core academic functions
(teaching and research).
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The Technology Development Center is the planned
specialized facility in the Department of Bioengineering
that is designed to accelerate the transfer of
University ideas into commercial products and
enhance educational opportunities for students
by providing (1) space and resources for selected
Incubator Companies housed at UCSD; (2) student
internship opportunities; and (3) technical assistance,
networking, and financial access for companies
developing UCSD technology.
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General Policy
All University personnel involved
with Incubator Companies are to comply with all
University policies, including but not limited
to policies relating to conflict of interest,
conflict of commitment, involvement of students,
use of university facilities, and intellectual
property. In addition, the Incubator Companies
and their non-University employees are to comply
with relevant University policies, including use
of University facilities, animal and human subjects,
and environmental health and safety.
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Special Policies and Processes
Because of the Incubator Company's
close physical proximity to University teaching
and research activities and the Company's use
of University facilities, the Committee recommends
the following additional policies apply to Incubator
Companies housed on campus:
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Space will be leased to Incubator Companies
only to develop technology from a UCSD invention
that has been licensed to the Company.
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An Incubator Company may be housed in designated
incubator facilities on campus in order to carry
out first-stage, pre-commercial development of
UCSD inventions, with the goal of accelerating
the technology transfer process.
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Space in buildings paid for from State funds
may not be leased to Incubator Companies.
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Incubator Companies shall pay the full costs
associated with use of University facilities
in accord with University policy.
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The Center's mission is to facilitate early
stage development of new technologies that have
not yet proven to be commercially viable. For
this reason, occupancy will be limited initially
to 12 months with the possibility of a 6-month
extension. A second 6-month extension may be
considered after a detailed review of progress
and need.
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An Incubator Company in which a faculty member
or other UCSD employee has a Significant Financial
Interest may be housed at UCSD subject to review
by the UCSD Institutional Review Committee on
Conflict of Interest and the Committee's determination
that the conflict can be managed.
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A faculty member or other UCSD employee with
a Significant Financial Interest in an Incubator
Company will be required to reduce the per cent
time of his or her UCSD appointment unless the
faculty member or other UCSD employee clearly
establishes that his or her time commitment is
within the normal limitations allowed by the
University's Conflict of Commitment policies.
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Because of the potential for conflict of interest,
an Incubator Company will be required to disclose
in confidence all inventions it makes to the
Technology Transfer Office to determine whether
UCSD has any claim on the technology.
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A process will be developed and criteria established
to determine how Incubator Companies will be
chosen to be housed at UCSD and how the Technology
Development Center will be managed. These processes
and criteria will be subject to Academic Senate
review and Administration approval prior to UCSD's
acceptance of any Incubator Company.
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Because the Technology Development Center is
an experiment, it will be subject to monitoring
and ongoing review by its advisory committee
and the Administration. A formal annual review
will be conducted by the proposed new standing
Committee on University Interaction with Industry.
The results of the annual review will be reported
to the Academic Senate, the Independent Review
Committee on Conflict of Interest, and the Technology
Transfer Advisory Committee. The Center is to
undergo an in-depth evaluation with participation
by the Academic Senate three years after the
first selected Incubator Company begins residence
in the facility. At that time, the campus will
undertake an assessment of the actual benefits,
including technology transfer and student internships,
and any problems that may have arisen related
to the Center's impact on UCSD's open academic
environment, the accessibility of the Center
to UCSD personnel, and the manageability of conflicts
of interest and commitment. At the time of the
three-year review, a recommendation will be made
regarding the Center's continued presence on
the campus.
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