| (a) In order to protect the actual or potential value
of information submitted to the Institute by a Grant Applicant or
a Grant Recipient, the Institute shall undertake reasonable efforts
to protect Third-Party Information as described herein from unauthorized
public disclosure, consistent with the requirements of Chapter 552,
Texas Government Code.
(b) With the exception of information set forth in
subsection (g) of this section, the Institute shall consider the following
material confidential:
(1) Information that relates to a Grant Applicant's
or Grant Recipient's product, device, or process that has the potential
for being sold, traded, or licensed for a fee, including the application
or use of such product, device, or process;
(2) All technological or scientific information developed
in whole or in part by the Grant Applicant or Grant Recipient that
has the potential for being sold, traded, or licensed for a fee;
(3) All information that relates to the plans, specifications,
blueprints, and designs, including related proprietary information,
of a scientific research and development facility;
(4) Written comments made by one or more Scientific
Research and Prevention Programs Committee Members that reveals, directly
or indirectly, information relating to the Grant Applicant's or Grant
Recipient's product, device, or process that has the potential for
being sold, traded, or licensed for a fee, including the application
or use of such product, device, or process; and
(5) Information included in the business operations
and management due diligence and intellectual property reviews conducted
for the Grant Review Process that reveals, directly or indirectly,
information relating to the Grant Applicant's or Grant Recipient's
product, device, or process that has the potential for being sold,
traded, or licensed for a fee.
(c) The Institute shall consider that a product, device,
or process and the technological or scientific information described
in the Grant Application submitted to the Institute has the potential
for being sold, traded, or licensed for a fee unless the Grant Applicant
informs the Institute that no economic potential exists.
(d) The confidential nature of the information submitted
by the Grant Applicant or Grant Recipient is not dependent upon whether
the information is patentable or capable of being registered under
copyright or trademark laws.
(e) Oversight Committee Members, Institute Employees,
Program Integration Committee Members, and Scientific Research and
Prevention Programs Committee Members may access Third-Party Information
solely for Institute purposes. All Third-Party Information in the
individual's possession must be returned to the Institute or destroyed
immediately upon the Institute's request or upon the termination of
individual's employment with or service to the Institute, whichever
comes first. An individual given access to Third-Party Information
described herein shall not:
(1) Publicly disclose Third-Party Information for any
reason unless the Institute's General Counsel determines that the
disclosure is either permitted or required by law;
(2) Use non-public Third-Party Information for the
individual's own personal gain or for the gain of other parties; or
(3) Copy Third-Party Information, for any reason, except
as required to fulfill their duties for the Institute.
(f) The Institute may establish procedures to protect
non-public Third-Party Information from unauthorized disclosure such
as the use of non-disclosure agreements.
(g) Notwithstanding the foregoing, the following Third-Party
Information is public information and shall be disclosed under Chapter
552, Texas Government Code:
(1) The Grant Applicant's name and address;
(2) The amount of Grant Award funding applied for;
(3) The type of cancer to be addressed under the Grant
Application;
(4) The high-level summary of the Grant Application
specifically created to be publicly disclosed;
(5) Any other Third-Party Information submitted to
the Institute by a Grant Applicant or Grant Recipient if the third-party
consents to the disclosure of the information; and
(6) The records of a nonprofit organization established
to provide support to the Institute.
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