During the course of research, Intellectual Property (IP) is often created that others (research collaborators, research institutions, companies, etc.) find valuable and wish to utilize. It is important to understand that this IP is ABOR-owned and vital that the correct procedures are followed to share it. This includes research security review to protect against malign uses by foreign governments.
Who owns Intellectual Property?
Ownership of research data is determined by the ABOR IP Policy rather than by the individual researcher.
The ABOR IP Policy (ABOR Policy 6-908 Intellectual Property) makes it clear that ABOR owns:
- Any intellectual property created by an employee in the course and scope of employment; and
- Any intellectual property created with the significant use of board or University resources.
The University treats research data as an institutional asset because the data are usually generated with university resources, under federal funding, internal UA funds or sponsored research agreements, or in fulfillment of regulatory requirements. Here are some key points:
Research data are typically owned by the university, not the individual faculty member, student, or staff who collected it. The Principal Investigator (PI) is usually designated as the steward or custodian of the data. That means they manage and safeguard the data, but they do not personally own it. Researchers may have rights to use copies of the data for scholarly purposes, but the university retains the underlying ownership. Graduate students and postdocs may collect or generate data, but the university still owns the data. Students often retain rights to use data in their theses or dissertations but cannot take the data with them to their new employer.
- This ownership allows the university to meet obligations to funding agencies, comply with federal regulations (such as NIH or NSF requirements), and ensure research integrity. For federally funded research, agencies require the university (not the individual investigator) to take responsibility for data access, retention, and sharing under the appropriate agreements. In collaborative projects with other institutions or industry, data ownership and access are typically spelled out in the sponsored research agreement or collaboration agreement.
ABOR defines Intellectual Property as: “Intellectual Property” includes all works, work product, designs, developments, discoveries, improvements, inventions, composition of matter, machines, manufacture, materials, methods, processes, diagrams, documentation, reports, evaluations, creations, expressions, algorithms, computer programs, applications, specifications, upgrades, revisions, modifications, and related written or otherwise reproducible materials, whether patentable, copyrightable or not, and all forms of legally recognized intellectual property rights, including copyrights, patents, trade secrets, trademarks, service marks, logos, other identifiers, mask works, plant variety protection, and tangible research property, together with any associated goodwill, supporting technology, or know-how.
How can I share research data?
ORP believes that sharing of Tangible Research Property is essential for expedited translation of research results into knowledge, products, and procedures to advance the field. We are dedicated to continuing to make unique research resources readily available. Regrettably, individuals often mistakenly believe they have the authority to execute these “material transfer agreements” or simply send materials without an agreement.
Tech Launch Arizona is the designated unit with the authority to enter into agreements transferring Tangible Research Property, including research materials and research data, from U of A to any other organization, including research collaborators.
It is considered a misuse of University Assets to transfer materials without the proper agreements, and without the proper signature authority.
If anyone desires to share Tangible Research Property outside of U of A, you are required to have approval from the Research Security Program if you will be sharing it with (1) a Foreign Individual from a Country of Concern or (2) a Foreign Entity of a Country of Concern.
ABOR defines Tangible Research Property as: “Tangible Research Property” means all tangible research property such as research tools, prototypes, and records used or produced in the course of university research projects, and all Intellectual Property rights therein. Examples include (1) hybridoma or clonal cell lines that produce monoclonal antibodies or recombinant proteins, (2) plants protected by the Plant Variety Protection Act, (3) non-patented drugs protected by the Orphan Drug Act, (4) prototype instrumentation or devices and (5) research records and documentation.