Utah Code 53B-16-304. Business confidentiality claims
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Terms Used In Utah Code 53B-16-304
- Person: means :(1)(a) a federal, state, or local governmental entity:(1)(a)(i) that sponsors sponsored research; or(1)(a)(ii) participates in a technology transfer;(1)(b) an individual;(1)(c) a nonprofit or profit corporation;(1)(d) a partnership;(1)(e) a sole proprietorship; or(1)(f) other type of business organization. See Utah Code 53B-16-301
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Public institution of higher education: means an institution within the state system of higher education defined in Section
53B-1-102 . See Utah Code 53B-16-301- Sponsored research: refers to research, training, and other sponsored activities as defined by the federal Executive Office of the President, Office of Management and Budget:
(4)(a) conducted by a public institution of higher education through an office responsible for sponsored projects or programs; and(4)(b) funded or otherwise supported by an external person that is not created or controlled by the public institution of higher education. See Utah Code 53B-16-301- Technology transfer: refers to transferring information, commercializing research, or providing technical assistance between a public institution of higher education and external persons for the purpose of economic development. See Utah Code 53B-16-301
(1)(a) Any person who provides to a public institution of higher education a record that the person believes should be protected under a provision listed in Subsection63G-2-309(1)(b)(i) , restricted under Section53B-16-302 , or both protected under a provision listed in Subsection63G-2-309(1)(b)(i) and restricted under Section53B-16-302 , shall provide the public institution of higher education:(1)(a)(i) a written claim of business confidentiality; and(1)(a)(ii) a concise statement of reasons supporting the claim of business confidentiality.(1)(b) The person described in Subsection(1)(a) shall make the filing at the commencement of:(1)(b)(i) the sponsored research project; or(1)(b)(ii) the technology transfer process.(1)(c) A claim of business confidentiality submitted under this Subsection(1) shall cover all protected and restricted records exchanged during the:(1)(c)(i) sponsored research project; or(1)(c)(ii) technology transfer process.(2) The inadvertent failure to make a legally adequate claim of business confidentiality at the time required by Subsection(1) does not prejudice the claimant’s right to make a legally adequate claim at a different time before disclosure of the record.