HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO INTELLECTUAL PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that ensuring that agricultural commodity research conducted at the University of Hawaii that produces intellectual property that can be commercialized is a matter of statewide concern.
SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new subpart to part IV to be appropriately designated and to read as follows:
" . College of Tropical Agriculture and Human Resources
§304A-A Definitions. As used in this subpart:
"College" means the college of tropical agriculture and human resources at the University of Hawaii at Manoa.
"Intellectual property" means the production or discovery of new species of, or uses for, agricultural crops, flowers, or other plant types. "Intellectual property" does not include material created for ordinary teaching use in the classroom, including syllabi, assignments, and tests.
§304A-B Contracts for services provided at the college. The University of Hawaii shall include in any contract to fill a faculty position at the college that allows the faculty member to retain, sell, or otherwise transfer ownership of any intellectual property created, made, or originated by that faculty member, a condition that the faculty member make a good faith effort to license or sell the intellectual property to a farmer or other agricultural producer having its principal place of business in the State prior to licensing, selling, or attempting to license or sell the intellectual property to an entity having its principal place of business outside of the State."
SECTION 3. Section 304A-103, Hawaii Revised Statutes, is amended to read as follows:
§304A-103[ ]] University to be public corporation; general
(1) To adopt, amend, and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law;
(2) To acquire in any lawful manner any property,
real, personal, or mixed, tangible or intangible, or any interest therein; to
hold, maintain, use, and operate that property; and to sell, lease, or
otherwise dispose of that property at [
such] the time, in [ such]
the manner, and to the extent deemed necessary or appropriate to carry
out its purposes;
To] Except as otherwise provided in
section 304A-B, enter into and perform contracts, leases, cooperative
agreements, or other transactions as may be necessary in the conduct of its business
and on terms it may deem appropriate, with any agency or instrumentality of the
United States, with any state, territory, or possession, or with any political
subdivision thereof, or with any person, firm, association, or corporation;
(4) To determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid, subject to provisions of law specifically applicable to the university;
(5) To execute, in accordance with its bylaws, all instruments necessary or appropriate in the exercise of any of its powers; and
(6) To take [
such] any actions as
may be necessary or appropriate to carry out the powers conferred upon it by
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2060.
UH; College of Tropical Agriculture and Human Resources; Employment Contracts; Intellectual Property Rights
Requires the University of Hawaii to include in certain employment agreements that address intellectual property rights a condition requiring the employees to make a good faith effort to sell or license intellectual property to a farmer or agricultural producer within the State prior to selling or licensing the intellectual property to an entity outside the State. Effective 7/1/2060. (HD1)
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