South coast wants to share in intellectual property

By CMTA Staff

Capitol Update, Feb. 11, 2011 Share this on FacebookTweet thisEmail this to a friend

SB 170 (Fran Pavley, D-Agoura Hills), “South Coast Air Quality Management District (SCAQMD): intellectual property”, was introduced this week.  It authorizes SCAQMD to sponsor, coordinate, and promote projects that lead to the prevention, mitigation, or cure of adverse effects of air pollution.  It also determines what share, if any, of the intellectual property, or benefits resulting from intellectual property, developed from the use of district funds, including funds discharged as grants, will accrue to the south coast district.

This bill will stifle innovation and slow the development of technologies needed for the state to meet its air quality and climate change goals by giving the SCAQMD the unilateral authority to require profit-sharing of any intellectual property developed using SCAQMD funds.  Such a policy would significantly discourage private-sector research and development and prove counterproductive to California’s clean technology goals.

Allowing the air district to share in the profits from specific technologies would also create a clear conflict of interest, particularly if the district mandates its use or specifies that technology as the "Best Available Control Technology."

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