ALLOCATION OF REVENUE ATTRIBUTABLE TO INTELLECTUAL PROPERTY AND OTHER RIGHTS

(a) The revenue attributable to all intellectual property rights and other commercial rights arising from drug development clinical trials conducted by a consortium under this subchapter during the period for which the trials are funded and any following period of commercialization shall be allocated as follows: (1) not less than 20 percent to the state as specified in the contract under Section 491.055; and (2) the remainder to the members of the consortium in the amounts specified by written agreement of the members. (b) For purposes of this section, intellectual property rights and other commercial rights arising from the drug development clinical trials conducted under this subchapter include any of the following as related to the trials: (1) intellectual property, technology, and inventions; (2) patents, trademarks, and licenses; (3) proprietary and confidential information; (4) trade secrets, data, and databases; (5) tools, methods, and processes; (6) treatment models or techniques; (7) administration protocols; and (8) works of authorship.