One must first consider the following: Is the Grantee or Collaborator licensing the CIRM-funded Invention or CIRM-Funded Technology, or is it self-commercializing it?
If the Grantee or Collaborator licenses its CIRM-Funded Invention or CIRM-Funded Technology, then the Grantee has an obligation to share revenue a specified portion of resulting Licensing Revenue with the State. See Section 100608(a). This obligation applies to Licensing Revenue received by the Grantee from both Exclusive and Non-Exclusive Licenses. Note, however, that the regulations require sharing only of a certain percentage of the Grantee’s Licensing Revenues – not the licensee’s. (Details and examples are provided below). If the Grantee self-commercializes the CIRM-funded invention or technology, then the Grantee owes an amount that is calculated based upon the amount of the original Grant and success of the product. See Section 100608(b).