THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY TOMLINSON, PICCOLA, SCARNATI, DINNIMAN, M. WHITE, ALLOWAY, GREENLEAF, EARLL AND MENSCH, OCTOBER 27, 2011
REFERRED TO EDUCATION, OCTOBER 27, 2011
Authorizing the State System of Higher Education and its
employees to enter into certain economic development
agreements; providing for approval and notice, for reports
and for limitations; and making an inconsistent repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the State System
of Higher Education Intellectual Property Act.
Section 2. Scope of act.
This act shall apply to all economic development transactions
entered into by State-owned universities and system employees.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Economic development agreement." An agreement that allows a
State-owned university to develop and market intellectual
property owned or created by a State System of Higher Education
"State-owned university." One of the 14 institutions under
the State System of Higher Education or any other institution
that may be admitted to the State System of Higher Education
subsequent to the enactment of this act in accordance with the
provisions of the act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949.
"System employee." An individual employed by the State
System of Higher Education or one of its constituent
Section 4. Authorization.
State-owned universities and system employees may enter into
economic development agreements that inure to the benefit of the
State-owned universities and system employees.
Section 5. Approval and notice.
(a) Review and approval.--Agreements entered into under this
act shall be reviewed and approved in accordance with the form
and legality reviews of the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act.
(b) Public availability.--Agreements authorized by this act
shall be made available to the public by listing them with the
Treasury Department in accordance with the provisions of Chapter
17 of the act of February 14, 2008 (P.L.6, No.3), known as the
Section 6. Reports.
The State System of Higher Education and each State-owned
university shall monitor and report agreements entered into
under this act on an annual basis to the Education Committee of
the Senate and the Education Committee of the House of
Representatives. The information shall be reported in compliance
with any legal protections provided by copyright or trademark
laws or other Federal or State law.
Section 7. Limitations.
(a) Contracts.--Nothing in this act shall alter, impair or
limit the terms or conditions of any sponsorship agreement,
grant agreement, collective bargaining agreement or other
(b) Use of public resources.--This act shall not authorize
the unlawful use of public resources by private individuals in
the development of intellectual property.
Section 8. Repeal.
Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) The act of July 19, 1957 (P.L.1017, No.451), known
as the State Adverse Interest Act, is repealed insofar as it
is inconsistent with this act.
Section 9. Effective date.
This act shall take effect in 60 days.