LU Policy Number: AS.027
Effective Date: NR
Approval Date: NR
Revised Date: N/A
Purpose: States the rights, responsibilities and all requirements with regards to intellectual properties
Additional Authority: N/A
Scope: All Students (COC&CGUS) of Life University
Approval Authority: Provost/EVPAA
Responsible Authority: Academic Affairs-Student,
“Intellectual Property” shall be deemed to refer to patentable materials, copyrighted materials, trademarks, software, and trade secrets, whether or not formal protection is sought.
“Patentable Materials” shall be deemed to refer to (1) a novel plant variety of a sexually reproduced plant, as described in 7 U.S.C. 2321 et seq., (2) a patentable plant, as described in 35 U.S.C. 161 and (3) items other than software which reasonably appears to qualify for protection under the patent laws of the United States or other protective statutes, whether or not patentable thereunder.
“Copyrighted Materials” shall include the following: (1) books, journal articles, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests, and proposals; (2) lectures, musical or dramatic compositions, unpublished scripts; (3) films, filmstrips, charts, transparencies and other visual aids; (4) video and audio tapes or cassettes; (5) live video and audio broadcasts; (6) programmed instructional materials; (7) mask works; and (8) other materials or works other than software which qualify for protection under the copyright laws of the United States (see 17 U.S.C. 102 et seq.) or other protective statutes whether or not registered there under.
“Software” shall include one or more computer programs existing in any form, or any associated operational procedures, manuals or other documentation, whether or not protectable or protected by patent or copyright. The term “computer program” shall mean a set of instructions, statements or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions.
“Trademarks” shall include all trademarks, service marks, trade names, seals, symbols, designs, slogans or logotypes developed by or associated with the University System or any of its institutions. (See 15 U.S.C. 1127.)
“Trade Secrets” means information including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans or a list of actual or potential customers or suppliers which: (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (See O.C.G.A. 10-1-761.)
Student Intellectual Property Policy
Section 1: Introduction
The mission of Life University is to empower each student with the education, skills, and values needed for career success and life fulfilment based on a vitalistic philosophy. The University’s undergraduate, graduate and professional programs - each one committed to excellence in teaching, learning, research and the overall student experience - offer a vision and the promise for a meaningful life, the proficiencies necessary to achieve optimum personal performance and the wisdom to become transformational leaders in an increasingly diverse, global and dynamic world. Inherent in these objectives is the need to encourage the development of new and useful devices and processes, the publication of scholarly works, and the development of computer software. Such activities (1) contribute to the professional development of the faculty, staff or students involved, (2) enhance the reputation of the Life University, (3) provide additional educational opportunities for participating students and (4) promote the general welfare of the public at large.
Patentable inventions and materials may come about because of activities of Life University students who have been aided wholly or in part through the use of resources of Life University. It becomes significant, therefore, to ensure the utilization of such inventions for the public good and to expedite their development and marketing. The rights and privileges, as well as the incentive, of the inventor must be preserved so that his or her abilities and those of other faculty, staff or students of Life University may be further encouraged and stimulated.
Life University recognizes and encourages the publication of scholarly works by its students. Life University acknowledges that faculty, staff, or students regularly prepare for publication, usually through individual effort and initiative, articles, pamphlets, books and other scholarly works which may be subject to copyright and which may generate royalty income for the author.
Publication may also result from work supported either partially or completely by Life University. With the advent of innovative techniques and procedures the variety and number of materials which might be created in a university community have increased significantly, causing the ownership of such copyrightable materials to become increasingly complex.
Life University recognizes the need for enhanced development and dissemination of software technology as a means of expressing both old and new knowledge. Inasmuch as Life University is aware of the dynamic nature of software and that the value of intellectual property comes from the ability of its owner to control its use and that such value is directly related to the degree of protection it enjoys under the law, Life University seeks to protect such expressions of knowledge by the utilization of Intellectual Property Policy for Students (Approved: December 13, 2010), which outlines appropriate intellectual property laws and the creation of comprehensive software technology transfer policies and procedures.
Section 2: Determination of Rights and Equities in Intellectual Property
Rights and equities in intellectual property created by Life University students shall be determined by Life University based upon the property’s inclusion in one of the following categories:
Sponsor-Supported Efforts: A grant or contract between the sponsor and Life University, under which Intellectual Property is produced, may contain specific provisions with respect to disposition of rights to these materials. The sponsor (1) may specify that the materials be placed in the public domain, (2) may claim reproduction, license-free use or other rights, or (3) may assign all rights to the Institution. In those cases where royalty income is realized by Life University, the inventor or creator may appropriately share in the royalty income.
The nature and extent of inventor or creator participation in royalty income, however, shall be subject to sponsor and negotiation between student and Life University through Life University’s Executive Vice President and Chief Financial Officer.
Life University-Assigned Efforts: Ownership of Intellectual Property developed as a result of assigned institutional effort shall reside with Life University; however, sharing of royalty income with the inventor or creator is authorized as an incentive to encourage further development of Intellectual Property. The nature and extent of inventor or creator participation in royalty income, however, shall be subject to negotiation between student and Life University through Life University’s Executive Vice President and Chief Financial Officer.
Life University-Assisted Individual Effort: Ownership of Intellectual Property developed by students of Life University where Life University provides support of their efforts or use of Life University resources in more than a purely incidental way (unless such resources are available without charge to the public) shall be shared by the student inventor or creator and Life University. The nature and extent of inventor or creator participation in royalty income, however, shall be subject to negotiation between the student creator or inventor and Life University through Life University’s Executive Vice President and Chief Financial Officer.
Individual Effort: Rights to Intellectual Property developed by students of Life University shall reside with the inventor or creator of such Intellectual Property provided that: (1) there is no use except in a purely incidental way, of Life University resources in the creation of such Intellectual Property (unless such resources are available without charge to the public); (2) the Intellectual Property is not prepared in accordance with the terms of a Life University contract or grant; (3) the Intellectual Property is not developed by students as a specific Life University assignment. The nature and extent of the use of institution resources shall be subject to Life University regulations and shall be determined by the Life University Executive Vice President and Chief Financial Officer.
Other Efforts: Ownership rights to Intellectual Property developed under any circumstances other than those listed in Section 3. A.-D. of this policy shall be determined on an individual basis and approved by the Executive Vice President and Chief Financial Officer of Life University or his or her designated representative. The nature and extent of inventor or creator participation in royalty income, however, shall be subject to negotiation between the student creator or inventor and Life University through Life University’s Executive Vice President and Chief Financial Officer.
Section 3. Intellectual Property Committee
Intellectual Property activities shall be under the general cognizance of the Life University Intellectual Property Committee. This committee shall consist of the current Research Advisory Council and two guest representatives from the Conduct Review Board. In the event that a meeting is necessary, recommendations from the Intellectual Property Committee will be forwarded to the Executive Vice President and Chief Financial Officer; who will review and make final decision.
The Committee shall have the responsibility of (1) recommending to the Executive Vice President, Chief Financial Officer the rights and equities in Intellectual Property, (2) recommending changes in policy and procedure pertaining to Intellectual Property, (3) providing communication with Life University personnel as to the proper procedures for identifying and protecting Intellectual Property and (4) recommending the disposition of all Intellectual Property. The disposition of Intellectual Property shall fall into one of three categories of recommendations to the Executive Vice
President and Chief Financial Officer: (1) approval of the appropriate Intellectual Property protection by Life University, (2) recommendation of rejection and releasing of rights in the Intellectual Property to the inventor/author or (3) recommendation that Life University has no rights in the Intellectual Property.
Section 4. Intellectual Property Policy Applicability to Students
The Intellectual Property Policy of Life University shall apply to all Life University part-time, full-time or auditing students. For the purpose of application of this policy, the term “Life University student” is defined to include all part-time, full-time or auditing students.
Life University students shall promptly report to the Intellectual Property Committee in writing, through the Office of Sponsored Research and Scholarly Activity, all Intellectual Property invented or created by them which is reasonably likely to have commercial value and shall provide such information and upon such forms as the Office may request. The Office of Sponsored Research and Scholarly Activity will forward this information to the Intellectual Property Committee along with a request that the Committee recommends to the Executive Vice President and Chief Financial Officer the rights and equities in the Intellectual Property.
Life University students may request the use of administrative structure associated with the Intellectual Property Policy of Life University to pursue intellectual property in which they would normally have full rights, as described herein at Section 3.D., “Individual Effort.” In exchange and consideration for this service, the individual will be required to assign to Life University or its designee, his or her rights in the Intellectual Property. The inventor/author shall share in royalties as agreed upon by the inventor/author and Life University of its designee.
Section 5. Administration of the Consideration of Rights in Intellectual Policy
- The Director of Office of Sponsored Research and Scholarly Activity shall administer the principles and policies set forth herein.
- If the administration of Life University decides not to pursue development of the Intellectual Property or takes no specific action which indicates an intent to do so, within 120 days after the receipt of the Intellectual Property report by the Office of Sponsored Research and Scholarly Activity, all rights may revert to the inventor/author upon written request.
- If Life University pursues development of the Intellectual Property it shall take action within 270 days after the issuance of the final, written recommendation of the Intellectual Property Committee. If Life University fails to act within this period, all rights may revert to the inventor/author upon written request.
- If Life University pursues development of the Intellectual Property but subsequently abandons such pursuit, all rights revert to the inventor/author upon written request.
- The division of any net revenues generated as a result of the licensure, sale or other development of any Intellectual Property developed in this Policy shall be in accordance with Section F. For purposes of this policy, “net revenues” is defined as gross revenues less any expenditures borne by Life University, the Board of Trustees of Life University, Life University Office of Sponsored Research and Scholarly Activity or their designees in obtaining protection for the development of Intellectual Property, and any and all expenditures incurred by Life University, the Board of Trustees of Life University, Life University Office of Sponsored Research and Scholarly Activity or their designees, in contemplation of or the maintenance of any litigation or controversy between any parties involving rights under such Intellectual Property.
- Where royalty or other revenue is received by the University as a result of successful commercialization of an invention by a license or the like, the University will share such revenue with the inventor(s). The inventor(s) will normally receive 40 percent of the first twenty thousand dollars ($20,000) revenue, 35 percent of the second twenty thousand dollars ($20,000) revenue, and 30 percent of any additional revenue from his/her or their invention which is received by the University, after the University has been reimbursed for developmental, marketing, patent protection and related expenses incurred in connection with a particular invention. In those cases where the invention is made under a grant sponsored by a governmental or private agency.
The inventor’s share will vary in accordance with the terms of the grant. Where co-inventors are involved, they shall share the inventor’s portion of the revenue equally, unless there is an agreement between the inventors that establishes a different distribution.
When an inventor actively cooperates and contributes to the development and marketing of an invention, the deduction made from revenue for developmental expenses is reduced and the inventor’s royalty is accordingly increased as to the total amount.
Any net revenue accruing to the University from commercial use of University-owned intellectual property shall be used first to defray research and product development expenses, to pay application royalties and, thereafter, for technological and scientific research.
The University, at its sole discretion, may release to an inventor, by written instrument only, those inventions owned by, but not of interest to the University. Requests for such releases should be made to the Executive Vice and Chief Financial Officer.
If Life University assigns the Intellectual Property to an outside party or affiliated nonprofit corporation for development and if that party abandons pursuit of the Intellectual Property or takes no specific action which indicates an intent to pursue development of the Intellectual Property within the scope of its agreement with Life University, within 90 days or within the time specified by the contract of assignment, all rights to the Intellectual Property shall revert to the Life University for a period of 90 days. If Life University fails to take action to exploit the Intellectual Property within said 90 days, all rights in the Intellectual Property shall revert to the inventor/author upon written request.
Section 6. Appeals
Life University students shall have the right to appeal the decision of the Intellectual Property Committee. Appeals shall be made in writing to the Provost of Life University within 30 days of the final decision of the Executive Vice President and Chief Financial Officer. The student shall state the decision complained of and the redress desired.
In the event that the outcome of the appeals process to the Provost does not meet the student’s expectations, the student may request that a review of the decision be conducted by the Office of the President with final option of review presented to the Board of Trustees through the executive office.
Section 7. Conflicts with Trustees’ Policies
In the event of a conflict between this policy and the official Patent Policy of the Board of Trustees, the latter shall prevail.