2006 New Mexico Statutes - Section 21-28-25 — Transfer of technology developed by universities; officer or employee interest in private entity.

21-28-25. Transfer of technology developed by universities; officer or employee interest in private entity.

A.     Notwithstanding any other provision of state law, an officer or employee of a university may, subject to Subsection B of this section, apply to the university which, under policies established by the regents as provided in Subsection E of this section, may grant permission to establish and maintain a substantial interest in a research park corporation or private entity which provides or receives equipment, material, supplies or services in connection with the university or a research park corporation in order to facilitate the transfer of technology developed by the officer or employee of the university from the university to commercial and industrial enterprises for economic development.   

B.     To receive the permission pursuant to Subsection A of this section, the officer or employee must receive the approval of the president or his designee of the university at which he is employed.  The president of the university may grant approval to the officer or employee only if all of the following conditions are met:   

(1)     the officer or employee provides a detailed description of his interest in the research park corporation or private entity to the president;   

(2)     the nature of the proposed undertaking is fully described to the president;   

(3)     the officer or employee demonstrates to the satisfaction of the president that the proposed undertaking may benefit the economy of this state;   

(4)     the officer or employee demonstrates to the satisfaction of the president that the proposed undertaking will not adversely affect research, public service or instructional activities at the university; and   

(5)     the officer's or employee's interest in the research park corporation or private entity or benefit from the interest will not adversely affect any substantial state interest.   

C.     The president of a university may authorize an officer or employee of the university to establish and maintain a substantial interest in a research park corporation or private entity if all of the following conditions are met:   

(1)     the application to maintain the substantial interest is approved by the president of the university at which the officer or employee is employed;   

(2)     the application contains a detailed description of the officer's or employee's interest in the research park corporation or private entity;   

(3)     the application contains a detailed description of the proposed undertaking;   

(4)     the application demonstrates to the satisfaction of the president of the university that the proposed undertaking will benefit the economy of this state;   

(5)     the application demonstrates to the satisfaction of the president of the university that the proposed undertaking will not adversely affect research, public service or instructional activities at the university; and   

(6)     the officer's or employee's interests in the research park corporation or private entity or benefit from the interest will not adversely affect any substantial state interest.   

D.     On recommendation of the regents, the president of the university at which the officer or employee is employed may require that the university or a research park corporation have a share in any royalties or shares of the research park corporation or other proceeds or equity positions from the proposed undertaking of the private entity.   

E.     The regents may establish policies for the implementation of this section.