Policy Approval Authority | Faculty Senate |
Responsible Division | Division of Research and Innovation Partnerships |
Responsible Officer(s) | Vice President for Research and Innovation Partnerships |
Contact Person | Karinne Bredberg, kbredberg@niu.edu |
Primary Audience |
Faculty
Staff Student |
Status | Active |
Last Review Date | 05-02-2007 |
Policy Category/Categories |
Research Ethics / Intellectual Property
|
The exclusive right granted by a government to an author for a fixed period of time in an original work. Under the federal copyright law, copyright subsists in original works of authorship which have been fixed in any tangible medium of expression from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. These works include, but are not limited to the following:
The President of the University has ultimate authority for the stewardship of Intellectual Property developed at the University and the Vice President for Research and Graduate Studies, as the President's designee, is responsible for the oversight of the Technology Transfer Office (TTO). The University, acting in accordance with this Policy, has the sole discretion to decide how best to deal with University owned Intellectual Property. In the event of any disputes concerning the interpretation or application of this Policy, the dispute shall be resolved and decided by the President, after the President gives due consideration to the input and recommendations from the Vice President for Research and Graduate Studies.
The mission of TTO is to promote the transfer of the University's Intellectual Property for society's use and benefit, while generating income to support research and education, and for the indirect benefit of the Creators in accordance with VII(b)(1) below. The TTO is charged with administering this Policy and for establishing operational guidelines and procedures for the administration of Intellectual Property. This includes, but is not limited to: outreach to the University community to encourage and facilitate disclosures, assignment, protection, licensing, marketing, maintenance of records, oversight of revenue or equity collection and distribution. The processing of non-disclosure and material transfer agreements are also handled through the TTO.
The Committee will consist of up to ten members. There will be two ex officio voting members: (1) Manager of the TTO and (2) the Vice President for Research and Graduate Studies, who will serve as Chair of the Committee.
Five voting faculty members will be appointed by the President for terms of three years each. Three of these will be faculty appointed upon the recommendation of the Faculty Senate. The terms of the Committee members will be staggered to provide that a minimum of one new member per year be added to the committee.
Three additional ex officio non-voting members may serve representing the Office of Sponsored Projects, Northern Illinois Research Foundation, and University Legal Services.
The Committee will serve in an advisory capacity to the Technology Transfer Office and the Vice President for Research and Graduate Studies.
In case of disputes, the Committee will make recommendations regarding:
The Committee will provide counsel, upon request by the Vice President for Research and Graduate Studies or by the Manager for Technology Development and Transfer, on issues regarding patenting decisions and Intellectual Property management.
The Committee will review from time to time this Policy and recommend to the University Council and the Vice President for Research and Graduate Studies such changes in this Policy as the Committee deems to be appropriate.
The University may accept assignment of intellectual property from other parties provided that such action is determined to be consistent with the public and University interest. Any proposed donation must be reviewed and evaluated by the Intellectual Property Committee, and their decision reported to the Vice President for Research and Graduate Studies who will recommend acceptance or non- acceptance of such property to the President. Intellectual property so accepted will be administered in a manner consistent with the administration of other University-owned intellectual property.
Intellectual Property jointly owned by the University and a third party resulting from jointly developed and/or commercialized work will be administered by an agreement entered into by both the University and the third party.
For purposes of this policy, Proceeds will refer to all cash proceeds from all consideration, received by the University from the transfer, commercialization, or other exploitation of University-owned Intellectual Property, including collaborative development of instructional or informational materials and licensing of TRP.
Such Proceeds include without limitation, royalties, option fees, license fees, maintenance fees, milestone fees, sales proceeds, transfer fees, etc. from the licensing or transferring of University-owned Intellectual Property.
If the University receives non-cash consideration for the license or transfer of rights in University-owned Intellectual Property (such as, for example, stock, options, warrants, or other interests in a company), then at such later date when the University sells such non-cash consideration, or otherwise receives cash for it, then such cash receipt shall be treated as Proceeds at that time. The University shall retain sole discretion as to when and how to convert non-cash consideration into cash.
When Proceeds are received by the University, a deduction of 15% to cover the budgeted expenses of the Technology Transfer Office will be taken from Proceeds. There will also be a deduction to cover all actual out-of-pocket payments or obligations (and in some cases, a reasonable reserve for anticipated future expenses) attributable to prosecuting patent applications, maintaining patent rights, obtaining copyright protection, and otherwise protecting (including defense against infringement or enforcement actions), marketing, licensing, commercializing, or administering the Intellectual Property. The Proceeds remaining after such deductions is defined as Net Proceeds.
In the case of the donation of intellectual property to the University, after the TTO has collected its 15% and after the payment of any expenses associated with the maintenance of the donated intellectual property, the unit(s) that initiated or had original contact with the donor will receive 50% of net revenue realized from the intellectual property and the University royalty income fund would receive 50% as its share.
When the University receives settlements, damages, awards or other recoveries from third parties from the University enforcing the University's rights in its Intellectual Property, such settlements, damages or other recoveries will first be used to reimburse the University (or the sponsor or licensee, if appropriate) for expenses incurred in such actions. Any net remainder of the recovery will be allocated among the University, the Creators, and their originating unit(s) in the same proportions as specified in VII (b) above.
The University may accept equity (circumstance and amount to be determined by the Northern Illinois Research Foundation), in a company as consideration for Intellectual Property transfer or licensing transactions. Such equity interests may be transferred to the Northern Illinois Research Foundation. Unless expressly approved by the President of the University, University personnel shall not serve as a member of the Board of Directors of such a company in which the University or the Northern Illinois Research Foundation holds equity interests.
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