2000-3-4Policy on Intellectual Property

Issue Date:
October 15, 2007

Upon request, the college will provide a copy of this policy in an alternate format.

Policy

This policy defines and governs the ownership and disposition of intellectual property and creative works developed by Lambton College personnel.   

Definitions:

College Personnel:

For the purposes of this document all administrators, faculty, staff, and students are defined as College personnel.

Intellectual Property

Intellectual property and creative works referred to in this policy include, but are not limited to inventions, computer hardware or software, instructional materials, research materials, archeological findings, and similar collections, etc.  Items such as scholarly writing, works of art and textbooks may also be considered intellectual property in which the College has an interest, when produced under specific arrangements approved by the College which involve significant use of College resources.  

Nothing in this document on the matter of patents and copyrights supersedes the terms and conditions of Article 13 of the Faculty Collective Agreement.   

In order to better define the conditions in which scholarly writing, works of art and textbooks become College property a policy will be developed which describes the procedures to be followed in the allocation or distribution of income from the sale, lease, use or other transfer of this property. For the time being such arrangements will be reviewed on a case by case basis. 

Ownership

Subject to the limitations described in Paragraph 1, intellectual property or creative works developed by College personnel within their field of expertise and/or scope of employment at the College shall be considered the property of the College.   However, personnel who anticipate engaging in off-campus research development, or creative activities related to their area of expertise which are independent of their campus activities, the personnel may claim an ownership interest but must communicate the scope of such off-campus endeavors to their Department Head and Dean or analogous supervisors, and obtain written approval prior to commencing the endeavors.   Persons who develop intellectual property or creative works in relation to their employment or participation in their programs of College study or through the use of College facilities, shall, at a minimum, grant the College a world-wide, royalty-free, paid-up license to the property of works for internal, non-commercial use in addition to any College claim to ownership of the property or works.

Administrative Processes

Researchers and/or developers of intellectual property or creative works shall disclose to their Department Head and Dean (prior to public disclosure or submission) any such property or works that has commercial potential suitable for development.  The College will establish a final plan or agreement only after consultation with the developers, Department Head, and Dean (or other unit administrators). 

Researchers and/or developers shall fully disclose any perceived, potential or actual conflicts of interest to the College as per College policy.  In addition, any financial and/or other relationships, which the researcher and/or developer may have that might affect or encumber the transfer of intellectual property or creative works to any off-campus individual or entity, must be reported.  Examples include but are not limited to consulting agreements, stock equity arrangements, employment outside the College (including director status), research agreements, etc.  The researchers and/or developers will obtain from any student or College personnel working on the development of intellectual property or creative works a signed standard form "Confidentiality and Non-Disclosure Agreement" prior to any disclosure of intellectual property or creative works. Researchers and/or developers will also sign a standard form "Assignment and Royalty Agreement" with the College.

At its sole discretion, the College may determine to release its ownership rights in the intellectual property or creative works to the researchers and/or developers upon conditions the College deems beneficial and fair to all parties.  Any release of rights will be confirmed in writing to all parties. 

Distribution

A. Income Distribution

All revenues derived from the intellectual property or creative works will be received and administered by the College.

B. Compensation for College Personnel

Any revenue received by the college or by faculty research accounts must be used in accordance with College policies and cannot be used to pay bonuses or other types of compensation to College personnel over and above that approved by the job classification. The developer's personal share of the revenue also should not be used to compensate College personnel for work performed within the scope of their employment.


For questions or concerns regarding policies, please contact:

Jim Elliott
Director, Quality Assurance & Institutional Research
519-542-7751 x 3489
jim.elliott@lambtoncollege.ca

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