Acceptable Terms for Molecule Donations?

[mattodd]

To make it simple for people/groups/companies to donate molecules to OSA, we had been discussing (#44) the terms that would be associated with those donations. Ideally quick, simple, and not needing a lawyer to sign off with extra paperwork. Our first draft is below. Please suggest any changes.

Terms of molecule donations to Open Source Antibiotics

1) Molecules will be used (by the receiver, or any 3rd party to which they are forwarded) only for the purposes of research associated with Open Source Antibiotics, which operates in accordance with the Six Laws.

2) All contributions will be publicly acknowledged, and the connection between the contributor and the research outcomes will be maintained, for example through eventual paper co-authorship. Further involvement with OSA is purely voluntary.

3) Molecules are received as-is. Any known hazards associated with the molecules should be declared by the contributor (e.g. through the provision of an MSDS), but otherwise all compounds will be handled on the assumption that they are toxic.

4) Contributors will not be held responsible for consequences of the use of the molecules after receipt by Open Source Antibiotics.

5) Submitter is not required to provide further compound once the sample is exhausted, nor is required to disclose information about the compound other than any data relevant to safety. Additional data (e.g. ADME) would, however, be of great value.

6) To aid the use of the samples it is hoped that NMR spectroscopic and/or LCMS data can be provided as evidence of identity and purity.

7) To the best of the submitter's knowledge there are no intellectual property limitations on the research that OSA can perform on the submitted samples.

The above terms will be placed on a website that will be able to track the donations, i.e. a submitter will enter the SMILES for molecules to be donated by clicking through to a Google form (being created by @danaklug), and the click will be taken as agreement to these terms.

@drc007 had kindly agreed to take these terms to a couple of contacts to see if these are acceptable. We'd love to hear from anyone else.

[drc007]

@mattodd In general the feedback was very favourable with several commending the initiative.

A few comments

Point 2 was felt to be very important Need a link to 6 laws, most people don't know what they are. Any donated compounds can not be used to support any future IP claims Is there a mechanism to stop work on any compounds donated if some new finding comes to light?

[mattodd]

Note - potential for cross-pollination of bad data between projects. What happens if we uncover bad data on donated compounds? We can't be held responsible for open data. We would work to flag it up.

What if the company discovers that the compound is useful for something else? They are free to pursue IP protection for that new use.

If company discovers something bad about the compound in-house, company is free to recommend publicly that people stop working on it. We would be free to explore opportunities to remove or address a compound's liability, and will work with the company to disseminate the liability.

[mattodd]

Hi all (@drc007 @edwintse @danaklug @Giada-chem @MFernflower ). I took a stab at revising these terms, and to group them a little differently with headings. Please take a look and check if anything comes to mind. If OK then @danaklug could you please revise the wiki page and the Google form? I'll also use this as an excuse to post my first new blog post (mattodd/blog#1) and broaden the consultation.

New OSA Molecule Donation Terms

(Again, the aim is to state some clear principles that would allow contributors to donate without the need to file an MTA or other paperwork.)

1. Acceptable use and future use. Molecules submitted to Open Source Antibiotics (OSA) by contributors will be used (by OSA, or any 3rd party to which they are forwarded) only for the purposes of research associated with OSA, which operates in accordance with the Six Laws.

2. Ongoing relationship between contributor and OSA. All contributions will be publicly acknowledged, and the connection between the contributor and the research outcomes will be maintained, for example through eventual paper co-authorship. Involvement by the contributor with OSA following molecule contribution is purely voluntary.

3. Molecule data. A molecule is received as-is. Any known hazards associated with the molecules should be declared by the contributor (e.g. through the provision of an MSDS), but otherwise all compounds will be handled on the assumption that they are toxic. To aid the use of the samples it is hoped that NMR spectroscopic and/or LCMS data can be provided as evidence of identity and purity.

4. Low level of obligation on the contributor. Contributors: i) will not be held responsible for consequences of the use of the molecules after receipt by OSA. ii) are not obligated to disclose any subsequent research outcomes associated with the contributed compounds, although further disclosure is encouraged if that would help OSA. iii) are not required to provide further compound once the sample is exhausted. iv) are not required to disclose information about the compound other than any data relevant to safety. Additional data (e.g. ADME) would, however, be of great value. v) are free to pursue IP protection of the compounds or derivatives after donation, though contributors should be aware that all OSA data are placed in the public domain (see the Six Laws in point 1), and vi) are free to recommend that people should stop working on a compound should it prove to be possess notable newly-discovered properties.

5. Obligations on OSA. OSA is not responsible for the consequences of new "bad" data derived after submission, and is free to disseminate or address any apparent liability discovered and disclosed by the contributor or anyone else.

6. IP at the time of contribution. To the best of the contributor's knowledge there are no intellectual property limitations on the research that OSA can perform on the contributed samples.

"Open Source Antibiotics" is not a legal entity and should be taken to mean those people repeatedly contributing to OSA online in accordance with the Six Laws, and the associated research activity in the public domain.