(a) MVCPA may authorize the licensure of MVCPA owned intellectual property.
(b) MVCPA will determine the monetary value of MVCPA intellectual property and will set license fees.
  (1) In determining an appropriate fee for licensure of MVCPA intellectual property, MVCPA will consider the:
    (A) commercial rates for comparable property;
    (B) development cost;
    (C) intended use of the property;
    (D) private or public status of the requestor; and
    (E) primary beneficiary of the license.
  (2) MVCPA may waive or reduce the amount of fees, royalties, or other monetary value to be assessed if the MVCPA determines that such waiver or reduction will further the goals and missions of the MVCPA and result in a net benefit to the state. In making this determination, MVCPA will consider whether:
    (A) the licensee is a governmental entity;
    (B) the intellectual property will be used for a commercial purpose;
    (C) MVCPA is the primary beneficiary of the licensee's use of the intellectual property; and
    (D) MVCPA has an interest in maximizing the distribution and use of the intellectual property.

Source Note: The provisions of this §57.58 adopted to be effective November 8, 2011, 36 TexReg 7566; amended to be effective March 1, 2020, 45 TexReg 1443