Cited Article

Public-Private Partnerships in Biomedical Research; Resolving Conflicts of Interest Arising Under the Federal Technology Transfer Act of 1986

Case Citation

Chem. Serv. v. Envtl. Monitoring Sys. Lab.-Cincinnati of United States EPA, 816 F. Supp. 328 (E.D. Pa. 1993)

Background

Holding that a private business that was competitively injured by cooperative research and development agreements entered into by a government agency pursuant to the Federal Technology Transfer Act lacked standing to challenge those agreements or to claim that they were breached because it was not an entity in the zone of interest protected by the Act.”

Citing Quote

In 1986 Congress passed the Federal Technology Transfer Act ("FTTA"). 15 U.S.C. § 3710a et seq. (1991). In short, the purpose of the FTTA is to encourage technology transfer between government scientists and private industry. S.Rep. No. 283, 99th Cong., 2d Sess., (1986) reprinted in 1986 U.S.C.C.A.N. 3442. To effectuate this purpose the FTTA authorizes each federal agency to permit the director of any government-operated federal laboratory to enter into cooperative research and development agreements ("CRADAs") with, among others, private entities. 15 U.S.C. § 3710a(a)(1) . A CRADA is defined as: any agreement between one or more Federal laboratories and one or more non-Federal parties under which the Government, through its laboratories, provides personnel, services, facilities, equipment or other resources with or without reimbursement (but not funds to non-Federal parties) and the non-federal parties provide funds, personnel, services, facilities, equipment, or other resources toward the conduct of specified research or development efforts which are consistent with the missions of the Laboratory . . . 15 U.S.C. § 3710a(d) Essentially, a CRADA is a contract under which a private company contributes money and expertise to a federal laboratory to augment its own research in exchange for rights in any resulting inventions. Thomas N. Bulleit, Jr., Public-Private Partnerships in Biomedical Research; Resolving Conflicts of Interest Arising Under the Federal Technology Transfer Act of 1986, 4 J.L. & Health 1 (1989/1990).

Article Publication Date

1989

Volume

4

Issue

1