Ohio Administrative Code › Title 3361:10 - University of Cincinnati › Chapter 3361:10-30 - Research › Section 3361:10-30-02 - Research: publication restrictions in sponsored research

Current through all regulations passed and filed through July 1, 2024
(A) The university of Cincinnati is committed
			 to maintaining a teaching and research environment that is open to the free
			 exchange of ideas. The university will not approve agreements for the conduct
			 of externally sponsored research which impose unreasonable limitations on the
			 freedom to publish or to disseminate the results of sponsored research. As used
			 herein, "Sponsored Research" includes any research activity which is designed
			 to produce findings of the type which are commonly published in the scientific
			 literature. "Sponsored Research" shall not include testing agreements,
			 fee-for-service agreements, and similar projects which have been determined by
			 the university as being unlikely to produce any publishable or patentable
			 results.
(B) The university will
			 not permit terms in agreements for the conduct of "Sponsored Research" which
			 allow for sponsor editorial control over the publication of research results or
			 conclusions; call for unreasonable delays in dissemination of research results;
			 or which interfere with the evaluation of a student or fulfillment of degree
			 requirements.
(C) Subject to the
			 foregoing limitations, the university will accept reasonable limitations on the
			 right to disseminate research findings in the following circumstances:
(1) Sponsor comment period.
Agreements covering "Sponsored Research" projects may provide
				for delay of publication, not exceeding 
										one hundred
				twenty days, when requested to permit a sponsor to offer comments or
				suggestions, provided that such terms shall not include a requirement that the
				author is bound to accept such comments or suggestions.
(2) Reviews for proprietary information.
Agreements covering "Sponsored Research" which require access
				to and/or use of a sponsor's bona fide proprietary data or materials will be
				accepted only if terms regarding access, use, and protection of such data or
				materials do not unreasonably restrict the dissemination of scholarly findings
				made within the project.
(3)
									 Delays
			 for intellectual property protection.
Delays, not exceeding 
										one hundred
				twenty days concurrent with the review period in
				paragraph C(1) of this rule, are permitted to enable the university
				and/or sponsor to screen proposed publications for possibly patentable ideas
				and to commence necessary steps to assure appropriate legal protection for such
				patentable ideas.
(4)
			 Multicenter clinical trials.
A delay for up to 
										eighteen months following the conclusion of a
				multi-center clinical trial is acceptable when necessary to permit a first
				publication from the trial to represent the work from all sites. Any term
				reflecting this delay must affirmatively provide for the ability of the faculty
				member to publish site-specific results if no multi-site publication has
				occurred within the twelve-month period, and for the right of the faculty
				member to petition the sponsor to provide information (e.g. randomization
				codes) which is reasonably necessary to permit a site-specific analysis and
				publication to occur.