BILL ANALYSIS �
AB 609
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CONCURRENCE IN SENATE AMENDMENTS
AB 609 (Nestande and Gatto)
As Amended June 11, 2014
Majority vote
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|ASSEMBLY: |71-7 |(May 30, 2013) |SENATE: |33-0 |(August 13, |
| | | | | |2014) |
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Original Committee Reference: A. & A.R.
SUMMARY : Requires a grantee who receives research grant
funding, in whole or in part, from the California Department of
Public Health (DPH) to provide free public access to any
publication resulting from that research within 12 months of
publication, as specified.
The Senate amendments :
1)Limit applying these requirements from all state agencies to
DPH only.
2)Require that when DPH funds a research grant, it sets a term
that the grantee must agree to the publishing requirements in
this bill as a condition of receiving the grant.
3)Require grantees to report to DPH on the disposition of their
research grant, including if it resulted in a published
manuscript.
4)Require grantees to provide both DPH and a publically
accessible database with an electronic version of the
peer-reviewed manuscript.
5)Apply these requirements to research grants issued on and
after January 1, 2015.
6)Repeal the provisions of this bill on January 1, 2020.
EXISTING LAW : Authorizes the Department of General Services
(DGS) to carry out various duties relating to assisting a state
agency in the management and development of intellectual
property.
AB 609
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Current law requires that, beginning January 1, 2015, and every
three years thereafter, DGS tracks and updates a database of
intellectual property generated by state employees or with state
funding. By January 1, 2018, DGS is required to:
1) Develop factors that state agencies should consider when
deciding whether to sell their intellectual property or
license it to others.
2) Develop an outreach campaign informing state agencies of
their rights and abilities concerning intellectual property
created by their employees.
3) Develop sample invention assignment agreements that
state agencies can consider if they believe it is necessary
to secure the rights to potentially patentable items
created by their employees on work time using state
resources.
4) Develop sample language for licenses or terms-of-use
agreements that state agencies can use to limit the use of
their intellectual property by others to only appropriate
purposes.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : Senate amendments significantly limit the scope of
this bill by applying requirements to DPH only instead of to all
state agencies.
Analysis Prepared by : Scott Herbstman / A. & A.R. / (916)
319-3600
FN: 0004373