The University of Maryland, Baltimore (UMB) adopts the University System of Maryland (USM) POLICY ON INTELLECTUAL PROPERTY (IV - 3.20) approved by the Board of Regents February 8, 2002.  In addition, the UMB Policy Regarding Ownership, Management, and Sharing of Research Data (UM IV-99.01(A) applies to Research Data that result from research activity performed at or under the auspices of UMB, regardless of funding source. These two policies are referred to here as the "IP Policy".

Occasionally, in the course of sponsored projects, sponsors, particularly Foundations or other non-Federal sponsors, include terms or conditions in their award notices that do not conform to UMB’s IP Policy. In these cases, Sponsored Programs Administration (SPA) works with the sponsor to negotiate mutually agreeable language that is in accordance with the preferred ownership and licensing terms in the UMB IP Policy. However, in some cases, this is not possible, and UMB may agree to waive certain requirements as allowed per the IP Policy. In these cases, the Principal Investigator (PI) and the project team will need to decide whether to request a waiver of the IP Policy to permit UMB to accept the award.

When negotiations on IP language come to an impasse, but the PI and project team still wish to pursue the award, SPA will initiate an IP Policy Waiver request ("IP Waiver") via UMB-SPA Negotiated Agreement IP Waiver form which then must be reviewed and approved by the PI, Chair, and Dean before proceeding for review by OTT and the Senior Vice President and Chief Enterprise and Economic Development Officer. IP Waivers should be carefully considered before acceptance and signing, particularly when graduate students are working on the research project. Any person(s) joining a project after the project starts, where an IP Waiver has been approved, is subject to the terms of the waiver. PIs and Departments are responsible for obtaining signatures for anyone who joins the project after the initial IP Waiver is processed/approved and keeping the documentation on file.

Other situations may require a waiver of the IP Policy, including agreements signed by OTT or CCT.  OTT or CCT would be responsible for the IP Waiver process for their agreements.