09/21/93	14:06		913 864 5272		RGSPS/RSGA		002

handwritten on page: Jerry - Latest from Jack Crowley on (illegible) yesterday or Congress (illegible)

following crossed out:

From: KU Lawrence 1.SMTP."jcrowley@MIT.EDU"
To: KU Lawrence 1.SMTP.("wrighton@MIT.EDU")
Date: 9/21/93 6:02 am
Subject: NIST/ATP - Status in the Senate

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(Autoforwarded message from 'CCross@RESEARCH.RGSPS.UKANS.EDU')

following not crossed out:

Mark:
This morning I had a good conversation with Pat Windham of the Senate Commerce Committee, the lead staff person on this issue. Pat reports that the Senate, House and DOC staff have reached a "firm and tight agreement in principle" to permit the disposition of intellectual property under the ATP to be determined by negotiation among all participants in ATP joint ventures with universities as full partners in those negotiations. Pat expects to receive language from DOC by the end of this week.

When I reported the compromise reached in MIT's comments on the APT rulemaking and the action by the COGR committee, Pat was pleased and grateful. Subject to an agreement on the precise statutory language, he believes an amendment can indeed be worked out that will satisfy the univerisites, which he reiterated twice he is committed to do, as long as it is less than a hard line that all intellectual property automatically goes to a university partner of an ATP alliance. He accepts that the IP rights will be negotiated among all participants, not just for-profit corporations, a provision which he described as "a mistake".

Pat also reiterated that they understand the importance of Bayh-Dole for the universities and that they have no intention of compromising it. Bayh-Dole remains popular in Congress.

With regard to the form of an amendment and legislative tactics, Pat reports that the goal will be to make the universities, DOC/NIST and Congress all satisfied while retaining a low profile legislatively. They do not want this amendment to

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present a new visible target for others who have introduced legislation that seeks to restrict the participation and intellectual property rights of foreign companies in the ATP. Chairman Dingell and Rep. Thomas Manton (D. NYC-Queens), a member of the Energy and Commerce Committee, have introduced troubling proposals along these lines. Therefore tactically, the drafters of the amendment which solves the universities' problem will draft it as concisely as possible - a constant theme of Pat's from our earlier conversations with him.

Pat will continue to talk with Karen Kornbluh of Kerry's office. He also acknowledged that we have Senator Kennedy and others ready to work on behalf of the universities. He is further pleased to know that the higher education associations are prepared to support such an amendment. Their voices will be helpful to him when the moment comes. He remains interested in working this out as smoothly, quickly and quietly as possible.

I will deliver Karen's latest draft amendment and rationale to Pat within the next day or so. He will then look at it in the context of the fresh proposal due from DOC by the end of the week.

Please keep me posted on signals your receive from NIST or DOC. 
Jack

FAX CC: Shelly Steinbach, ACE; Milton Goldberg, COGR; Jerry Roschwalb, NASULGC; David Moore, AAMC
cc: KU Lawrence 1.SMTP("cmvest@MIT.EDU", "litster@vpr.m ...