WLUFA Collective Agreement: Intellectual Property, Patents, and Copyright
Expires June 30, 2014
|ARTICLE 36: INTELLECTUAL PROPERTY, PATENTS AND COPYRIGHT|
36.1.1 The first consideration of the University in this Article 36 is to promote the teaching, research and other scholarly and creative activities of Members. The University also recognizes that the community it serves may also benefit from inventive and creative advancements in artistic, creative, technical and scientific knowledge which have been achieved by Members.
36.1.2 Each Member has the right to publish or otherwise disseminate the results of his/her research, scholarship or creative activities.
36.1.3 Intellectual property means any result of intellectual or artistic activity, created by a Member, that can be owned by a person. Intellectual property includes but is not limited to:
(a) inventions, publications, computer software, works of art, industrial and artistic designs, as well as all other creations that can be protected under patent, copyright, trademark or similar laws; and
(b) data bases, audio visual and computer material or equivalent circuitry, biotechnology and genetic engineering products (including plant cultivars and germ plasm), computer software, inventions, discoveries and all other products of research or discovery which are protected by a statutory regime through a registration system (such as patent or trademark registration), which may be licensable or otherwise protected by law; and
(c) computer software and lecture notes, laboratory manuals, articles, books, artifacts, works of visual art and music (including any software which expresses the said notes, manuals, articles, books, artifacts, or works). The terms “works or visual art and music” include productions (including sound, video, film, and hypertext multimedia).
36.1.4 Any provisions of this Article shall apply to joint creators of a piece of intellectual property, on a pro rata basis.
36.2 Ownership and Rights of All Intellectual Property:
36.2.1 All intellectual property is owned by the Members who create it, except in those cases:
(a) where there is a written contract to the contrary between the creator, the University, and/or a third party which assigns the ownership rights of the intellectual property to the 134
University or the third party; or
(b) where the University provides funds, resources, and facilities to the Member beyond those required for the payment of the Member’s salary and benefits, for the provision of a normal academic environment in which to work, and for the performance of a regular workload by the Member, in which case, the Member shall agree to share ownership rights to the intellectual property with the University.
36.2.2 The University shall not enter into any agreement with a third party which alters or abridges, or has the effect of altering or abridging, the intellectual property rights of a Member without the Member’s written consent.
36.2.3 In recognition of the University’s commitment to scholarship, including teaching, research and publication activities:
(a) the University agrees that Members have complete intellectual and artistic freedom in the creation of intellectual property and the unqualified right to disseminate by any means whatsoever the intellectual property which they own; and
(b) the Member shall grant to the University a non-exclusive, royalty free, irrevocable, indivisible, and non-transferable right to use, solely for internal, non-commercial educational and research purposes, all intellectual property developed by Members with the use of the University’s time, facilities, and resources.
36.3.1 Where a Member is a party to a research contract and an invention is made by the Member in the course of research supported by that contract which has explicit provisions for patents and revenue sharing from such patents, the provisions of that contract take precedence over this Agreement.
36.3.2 The University acknowledges that it has no claim or interest in any Member's invention which does not arise from University supported activities. The Parties agree that the University has an interest in any Member's invention which does arise from University supported activities. For the purpose of this Article 36, University supported activities do not include the payment of salary to the Member, the provision of a normal academic environment in which to work, and the performance of regular workload by the Member, but do include the use of University funds, designated research facilities, or its support or technical personnel.
36.3.3 It is to the benefit of both the University and Members that potentially patentable discoveries or creations be disclosed to the University prior to public disclosure.
36.3.4 When potentially patentable discoveries or creations are disclosed to the University by a Member(s) and the University agrees to pursue a patent application, this protection shall be pursued in the name of the Member(s) who is the inventor(s), discoverer(s), or creator(s). The cost involved in this process shall be paid by the University. Where the inventor(s), discoverer(s), or creator(s) and the University agree to pursue the feasibility of patenting an invention, the Member(s) agrees to provide full co-operation and assistance in the preparation of the patent application, including disclosure of information containing potentially patentable discoveries which have not yet been protected. Such disclosures shall only be made within agreements of confidentiality. The University shall notify the Member(s) of its decision to file or not to file within 3 months of the disclosure.
36.3.5 If the University decides the potentially patentable discovery arose from University supported activities, and decides not to pursue patent protection, the Member(s) shall be so advised in writing within 3 months of disclosure to the University and may pursue patent protection at his/her own expense.
36.3.6 If the University decides that the potentially patentable discovery was unrelated to University supported activities, the Member may deal with the patent as he/she deems appropriate. This 135
latter situation shall not preclude a joint development agreement between the Member and the University.
36.3.7 If, pursuant to 36.3.4, a Member does not disclose a potentially patentable discovery, and the Member makes an application for a patent, then the Member shall disclose the patent application to the University within 3 months of the application, and shall affirm in writing at the time of disclosure to the University whether or not the discovery has been made and developed as a result of University supported activities. If the Member(s) fails to disclose the existence of patent applications within 3 months, it shall be understood that the University maintains its rights under this Article until such disclosure is made. The University shall decide if the patent application arose from University supported activities, and shall notify the Member of its decision within one month of disclosure.
36.3.8 Members shall share in any royalties derived from the commercialization of patents which they have assigned to the University.
36.3.9 If the University pursues patent protection, then the royalties to be shared shall be those remaining after the recovery of the University's costs incurred in all the activities specifically involved in the patenting process, including the cost of development, but not including overhead. If the patentable discovery arose from University supported activities, and the Member decides to pursue patent protection without the University's aid, then the royalties to be shared shall be those remaining after the recovery of the Member's costs incurred in all the activities specifically involved in the patenting process, including the cost of development, but not including overhead. The sharing of the remaining royalties after the disbursements for costs shall be negotiated between the University and the Member(s).
36.3.10 In the event that the University elects not to proceed with an application for patent for an invention arising from University supported activities, and the Member subsequently obtains such a patent, the Member shall grant to the University a non-exclusive, royalty-free, irrevocable, indivisible and non-transferable licence to the use of the invention for the University's purposes.
36.3.11 The University's share of royalties shall be used to support research and scholarly activity.
36.3.12 The University shall not enter into any agreement with a third party which alters the patent rights of Members stated in this Article without their written consent.
36.4.1 The copyright on all literary works, dramatic works, musical works, artistic works, computer programs, or other forms of intellectual property produced or created by Members is vested in the Members who created the works. The benefits that may accrue to Members may be limited by the terms of external contracts and licencing agreements.
36.4.2 Notwithstanding clause 36.4.1, where the University specifically commissions the preparation of a particular work, at the time the commission is made the Member(s) who is the creator(s) and the University may negotiate specific conditions which may vest the copyright in the University, and the Member(s) as a minimum shall provide the University with a non-exclusive, royalty-free, irrevocable, indivisible and non-transferable licence to use the material for University purposes.
36.4.3 The University shall make no claim to the proceeds of publication for which it has provided no more than normal academic facilities, including research grants.
36.4.4 When the University has subsidized publication by a grant for that purpose, it may negotiate specific conditions with the Member(s) who is the creator(s) to participate in royalties.
36.4.5 Whenever a publication subsidy is made, the University shall stipulate at the time it offers the subsidy if it wishes to negotiate a claim to royalties that may accrue from publication thus supported; and if it does not, it shall be deemed to have waived any claim to royalties or other income.136
36.4.6 Any funds which accrue to the University for royalties from copyrights in which it participates shall be used to support research and publication.
36.5 A transcription made from course material, which is the intellectual property of the course instructor and which complies with the purpose and procedures set out in Appendix H: Accessible Learning and access to Learning Management System Course Sites for Visually Impaired Students, is consistent with clause 36.2.2 above.