AN ACT

 

<-1Amending the act of July 5, 2012 (P.L.1102, No.132), entitled
2"An act authorizing the State System of Higher Education and
3its employees to enter into certain economic development
4agreements; providing for approval and notice, for reports
5and for limitations; and making an inconsistent repeal,"
6further providing for title of act, for short title, for
7definitions, for authorization, for approval and notice and
8for reports.

<-9Amending the act of July 5, 2012 (P.L.1102, No.132), entitled
10"An act authorizing the State System of Higher Education and
11its employees to enter into certain economic development
12agreements; providing for approval and notice, for reports
13and for limitations; and making an inconsistent repeal,"
14further providing for title of act, for short title, for
15definitions and for repeal.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

<-18Section 1. The title and sections 1, 3, 4, 5(a) and 6 of the
19act of July 5, 2012 (P.L.1102, No.132), known as the State
20System of Higher Education Intellectual Property Act, are
21amended to read:

22AN ACT

23Authorizing [the State System of Higher Education and its]
24State-owned universities and employees of State-owned

1universities to enter into certain economic development
2agreements; providing for approval and notice, for reports
3and for limitations; and making an inconsistent repeal.

4Section 1. Short title.

5This act shall be known and may be cited as the [State System
6of Higher Education] State-owned University Intellectual
7Property and Services Act.

8Section 3. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Economic development agreement." An agreement that allows a
13State-owned university to develop and market intellectual
14property owned or created by a State System of Higher Education
15employee.

16"Employee." An individual employed by a State-owned
17university.

18"State-owned university." One of the 14 institutions under
19the State System of Higher Education or any other institution
20that may be admitted to the State System of Higher Education
21subsequent to the enactment of this act in accordance with the
22provisions of the act of March 10, 1949 (P.L.30, No.14), known
23as the Public School Code of 1949.

24["System employee." An individual employed by the State
25System of Higher Education or one of its constituent
26universities.]

27Section 4. Authorization.

28(a) Economic development and service agreements.--State-
29owned universities and [system] employees may enter into
30economic development and service agreements that inure to the

1benefit of the State-owned universities and [system] employees,
2with only the approval of the Council of Trustees. No approval
3from the State System of Higher Education is required.

4(b) Employee retained as officer or director.--Employees may
5retain a position as a result of economic development agreements
6as an officer or director of a company formed pursuant to that
7agreement.

8(c) Intellectual property products.--State-owned
9universities shall be permitted to contract for an intellectual
10property product with a company that employs an employee who has
11developed an intellectual property product.

12(d) Service agreements.--State-owned universities shall be
13permitted to contract for services with a company or
14organization that employs an employee of a State-owned
15university or for which an employee of a State-owned university
16serves as an officer or director.

17Section 5. Approval and notice.

18(a) [ Review and approval.--Agreements entered into under
19this act shall be reviewed and approved in accordance with the
20form and legality reviews of the act of October 15, 1980
21(P.L.950, No.164), known as the Commonwealth Attorneys Act.]
22(Reserved).

23* * *

24Section 6. Reports.

25[The State System of Higher Education and each] Each State-
26owned university shall monitor and report agreements entered
27into under this act on an annual basis to the Education
28Committee of the Senate and the Education Committee of the House
29of Representatives. The information shall be reported in
30compliance with any legal protections provided by copyright or

1trademark laws or other Federal or State law.

2Section 2. This act shall take effect in 60 days.

<-3Section 1. The title and sections 1 and 8 of the act of July
45, 2012 (P.L.1102, No.132), known as the State System of Higher
5Education Intellectual Property Act, are amended to read:

6AN ACT

7Authorizing [the State System of Higher Education and its]
8State-owned universities and employees of State-owned 
9universities to enter into certain economic development
10agreements; providing for approval and notice, for reports
11and for limitations; and making [an] inconsistent [repeal]
12repeals.

13Section 1. Short title.

14This act shall be known and may be cited as the [State System
15of Higher Education] State-owned University Intellectual
16Property Act.

17Section 8. [Repeal] Repeals.

18Repeals are as follows:

19(1) The General Assembly declares that the [repeal]
20repeals under [paragraph (2) is] paragraphs (2) and (3) are
21necessary to effectuate this act.

22(2) The act of July 19, 1957 (P.L.1017, No.451), known
23as the State Adverse Interest Act, is repealed insofar as it
24is inconsistent with this act.

25(3) 65 Pa.C.S. Ch. 11 (relating to ethics standards and
26financial disclosure) is repealed insofar as it is
27inconsistent with this act.

28Section 2. This act shall take effect in 60 days.