Intellectual Property Contract Example
The Committee monitors and reviews technological and legislative changes that affect IP policy and reports to the competent faculties and administrative authorities if such changes have an impact on existing policies. Intellectual property is a long-discussed and debated topic that has become increasingly urgent with recent technological developments. Many colleges and universities have unilaterally adopted policies, while others have adopted policies negotiated between faculties and jurisdictions. These negotiated directives have sometimes been negotiated through collective agreements and sometimes elsewhere. The college or university supports the development, production and dissemination of intellectual property by its faculty members. Previous inventions. Intellectual property that existed prior to the Employee`s employment and in which the Employee has a right, title or interest (collectively, the “Prior Inventions”) remains the exclusive property of the Employee. The Employee agrees that all prior inventions shall be included in this Section 2. If no prior invention is listed in this Section 2, the employee declares that no prior invention exists. Funds received by the faculty member and the college or university from the sale of the intellectual property jointly owned by the faculty member and the college or university will be allocated and spent in accordance with the specific agreement set forth herein: [shall be negotiated by the parties.] Funds received by the faculty member from the sale of the intellectual property of the author or inventor of the faculty are allocated and spent exclusively by the author or inventor of the faculty. Intellectual property created, manufactured or created by a faculty member is the sole and exclusive property of the faculty, author or inventor, unless the faculty or inventor voluntarily chooses to transfer such ownership in whole or in part. Disputes relating to property and related intellectual property rights are decided by the Committee on Policy and Intellectual Property Rights.
Given the changing legal environment and the development of contracts and policies in the field of IP, the AAUP believes that the creation of a Standing Committee on IP representing both faculty and administration would serve a useful purpose in both collective and non-collective bargaining. Such a committee could serve a variety of purposes, including keeping faculty and administration on technological changes that will affect the legislative, contractual and political context. Such a committee would play a role in policy-making and play a dispute resolution role. In the absence of such a general political committee, a dispute resolution committee with administrative and faculty representation is essential. Intellectual property. The Employee agrees to confer upon the Employer all present and future rights, title and interest in and to any intellectual property (“Intellectual Property”) created or discovered in connection with the Employee`s employment with the Employer. Intellectual property includes, but is not limited to, algorithms, code, concepts, developments, designs, discoveries, ideas, formulas, improvements, inventions, processes, software, trademarks and trade secrets. Intellectual property also includes tangible embodiments (e.B drawings, notes) of intangible objects. [Note on software: Computer programs are in a grey area between the two types of intellectual property. Programs that are part of a “new and useful process” may be eligible for patent protection, while programs that embody a minimally original expression are eligible for copyright protection.] 2. Definition of Intellectual Property. “Intellectual Property” means any intellectual property and its tangible embodiments, including, but not limited to, inventions, discoveries, designs, specifications, developments, methods, modifications, improvements, processes, know-how, spectacle, techniques, algorithms, databases, computer software and code (including software and firmware lists, assemblers, applets, compilers, source code, object code, netlists, design tools, user interfaces, application programming interfaces), b.
Protocols, formats, documentation, annotations, comments, data, data structures, databases, data collections, system building software and instructions), masks, formulas, techniques, supplier and customer lists, trade secrets, graphics or images, text, audio or visual work, materials that document design or design processes or that document research or tests, diagrams, diagrams, product specifications and other works of the author. Materials created for ordinary classroom and departmental classroom use, such as curricula, assignments, and tests, remain the property of the faculty author, but institutions may use such materials for internal teaching, educational, and administrative purposes, including to respond to requests from accreditation bodies for curricula and course descriptions written by faculty. 6. Representations and alliances. . . .
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