The executive administrator may manage and protect the board’s intellectual property, make related contracts, obtain compensation, adjust compensation in some cases, and enforce implementing rules, but only with board approval and on the board’s behalf.
Sec. 6.197. INTELLECTUAL PROPERTY OF BOARD. The executive administrator, with the approval of the board and on the board's behalf, may: (1) acquire, apply for, register, secure, hold, protect, and renew under the laws of this state, another state, the United States, or any other nation: (A) a patent for the invention or discovery of: (i) any new and useful process, machine, manufacture, composition of matter, art, or method; (ii) any new use of a known process, machine, manufacture, composition of matter, art, or method; or (iii) any new and useful improvement on a known process, machine, manufacture, composition of matter, art, or method; (B) a copyright for an original work of authorship fixed in any tangible medium of expression, now known or later developed, from which the work may be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device; (C) a trademark, service mark, collective mark, or certification mark for a word, name, symbol, device, or slogan that the board uses to identify and distinguish the board's goods and services from other goods and services; or (D) other evidence of protection or exclusivity issued for intellectual property; (2) contract with a person for the reproduction, public performance, display, advertising, marketing, lease, licensing, sale, use, or other distribution of the board's intellectual property; (3) obtain under a contract described by Subdivision (2) a royalty, license right, or other appropriate means of securing reasonable compensation or thing of nonmonetary value for the exercise of rights with respect to the board's intellectual property; (4) waive, increase, or reduce the amount of compensation or thing of nonmonetary value secured by a contract under Subdivision (3) if the executive administrator, with the approval of the board, determines that the waiver, increase, or reduction will: (A) further a goal or mission of the board; and (B) result in a net benefit to this state; and (5) enforce rules adopted to implement this section. Added by Acts 2007, 80th Leg., R.S., Ch. 382 (S.B. 616), Sec. 1, eff. September 1, 2007.