Publication Clauses and Other Problems Lurking in Sponsored Research Agreements

02/11/2009

Industry-sponsored research and clinical trials are the primary means for investigating the effi cacy and safety of medical devices and pharmaceuticals. Enormous fi nancial stakes are often involved in the outcome of these studies. A successful study can lead to substantial funding commitments for startups and other private companies, and a boost in the stock price of public companies. A study showing lack of effi cacy or safety can often result in the opposite. Publishing the results in peer-reviewed journals provides a scientifi c basis for treatment and insurance reimbursement policies, and can help recruit new talent to an organization and help the career of the author(s).

Originally appeared in Life Sciences, Vol. 2, Issue 3, December 2008 (American Health Lawyers Association Newsletter) - reprinted in Haynes and Boone's "The IP Beacon," Winter 2009.

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