VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #R005

B. Assist the academic divisions in developing and maintaining effective means of technology transfer. C. Provide legal services and cooperate with the academic divisions in promoting and licensing Intellectual Property. D. Take appropriate actions to protect VCOM’s Intellectual Property. E. Review and approve all agreements that convey or affect VCOM’s rights to Intellectual Property. 4. RESPONSIBILITIES OF COVERED PERSONS Persons covered by this policy shall: A. Promptly disclose to the Research Division the creation of any Intellectual Property for a determination as to ownership of the Intellectual Property B. Participate in technology transfer activities in a manner consistent with the VCOM’s policies and procedures, including those governing conflicts of commitment and conflicts of interest. C. Cooperate with the College in defending and prosecuting patents and in legal actions taken in response to infringement. D. Assign appropriate rights in IP to the College by executing the Assignment of Rights document (Appendix 1) or such other documents, as the College may deem necessary. 5. OWNERSHIP OF INTELLECTUAL PROPERTY A. In general, VCOM shall have ownership rights to Intellectual Property conceived, developed, reduced to practice, or acquired by covered persons, as a result of VCOM support and/or which relate to the business of the College or any of its affiliates, parent companies or subsidiaries. “VCOM support” is defined as financial or other support, regardless of origin and whether directly from or channeled through VCOM, including, but not limited to, College-administered funds, College-funded time, salary, and College resources (i.e., equipment, facilities, and expendable materials), that is used in the discovery or development of Intellectual Property and any support leading to the development and/or protection of that Intellectual Property (legal fees, patents, etc.). B. In the absence of VCOM support, and if the Intellectual Property does not relate to the business of VCOM or any of its affiliates, parent companies or subsidiaries; and the IP was not created during employment time or on the premises of VCOM, rights of ownership to Intellectual Property shall remain with the Inventor. Provision of a faculty appointment shall not, by itself, be construed as VCOM support for purposes of this definition. VCOM may decline to accept any rights of ownership by assignment or otherwise, in which case all rights revert to the Inventor. Should VCOM decline to accept any rights of ownership, VCOM shall cooperate with the Inventor to the maximum extent possible to facilitate the disposition of rights. C. When the Intellectual Property developed by persons covered by this policy is software or other unpatented tangible research property (e.g., cell lines and data sets) and is developed using VCOM support, VCOM shall own all rights to such property, including copyright (subject to agreements with appropriate funding sources). Software developed at VCOM shall be treated as an Invention. D. Copyright to, and royalty from, literary or scholarly works in tangible or electronic form (e.g., textbooks and other curricular materials, reference works, journal articles, novels, music, photographs, etc.) produced by employees or other covered persons as a part of their usual teaching, service, contractual duties or research activities funded in whole or in part by VCOM

Intellectual Properties and Agreements Policies and Procedures

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