N AVIGATING THE D ISCIPLINARY I SSUES OF S TUDENT T M ULTI EAMS S ERVING U NIVERSITY S PIN -O FFS

Sean M. O'Connor, J.D., M.A.

Professor and Chair Law, Technology & Arts Group Founding Director, Entrepreneurial Law Clinic University of Washington School of Law 206 543 7491 | [email protected]

Introduction

• Overview of UW Entrepreneurial Law Clinic • Who is the Client?

• Mediating Among Different Commercialization Plans • Supervising Different Types of Professional Students • Conclusions

Overview of ELC

• Pro bono legal and business advisory services to: • low-income micro-entrepreneurs; • early stage high-tech, life sciences, and clean/green tech entrepreneurs; • nonprofit and social entrepreneurship ventures; and • UW Center for Commercialization for UW technology spin-offs • Pro bono opportunities for: (i) IP, corporate, and tax attorneys in their fields of practice; and (ii) business executives, especially those experienced in entrepreneurial ventures

Overview of ELC

Opportunities for practical training of: (i) UW Law students in transactions and counseling in business law (corporate, securities, commercial), IP, tax, employment law, and regulatory compliance; and (ii) UW MBA students in management, marketing & branding, accounting, operations, and finance advisory services.

Who is the Client?

General Issues: • Issues with multiple founders • Representing founders vs. companies Special Issues in Working With University Researchers and Technologies: • Potential conflicts • Treating researchers as “PIs” with tech transfer as the client

Mediating Among Different Commercialization Plans

• Translational vs. commercialization ready technologies • The three common university commercialization pathways • Dissemination through publication or low/no cost nonexclusive licenses • Exclusive licenses to large established companies • Exclusive licenses to small or medium enterprises

Supervising Different Types of Professional Students

• Relying on student practice rules and obligations for law students • Establishing confidentiality and professional supervisors for MBA students • Using science and engineering students • Serving the entrepreneur vs. being the entrepreneur

Conclusions

• Multidisciplinary students teams allow tech transfer offices greater leverage in developing university technologies • Teams must be clear on who the client is—in the university technology area it should be the tech transfer office • Researchers should be treated as “PIs” • Expectations must be managed, especially as to whose commercialization plan will be adopted • Teams need to be appropriately supervised for the different types of professional students