In lieu of an abstract, here is a brief excerpt of the content:

DETAILED DISCUSSION OF THE 56 RECOMMENDED PRINCIPLES 141 Part III. General Principles for Management of Intellectual Property (IP) (11–21) The management of inventions,patents,and other forms of intellectual property (IP) in a university setting warrants special guidance because it bears directly on the university’s core values,including principles of academic freedom , scholarship, research, and the transmission of knowledge to the public. These core values distinguish university activity from that of government and industry, and provide the argument for public support of research and the role of the university as an independent contributor to and commentator on both policy and commerce.The negotiation and management of universitygenerated IP can be complex and carry significant consequences for those directly involved in negotiations (faculty inventors, companies, university administrators, attorneys, invention management agents) as well as others who may be less directly affected (competing companies, the public, patients, and the wider research community). Intellectual property refers broadly to patents,copyrights,trademarks,and (according to some definitions) trade secrets.409 In common usage the term also refers to the underlying subject matter that is controlled by the owner of these property rights (inventions, works of authorship, and identifiers that distinguish goods and services in the marketplace).Patents provide the owner with the right to exclude others from “practicing” (making, using, and selling ) an invention.A patent,unlike a copyright,goes beyond the protection of written expression to accord an exclusive right to the operational principles that underlie the invention. Unlike the case of copyright, where exclusions are triggered by unauthorized copying or modification of particular instances of expression, a patent permits the exclusion of work created independently, is not limited to precise “expression,” and has no “fair use” exception, even for nonprofit purposes.Thus patents may have a substantial impact on university research, may affect the value and role of scholarly publication, and may interfere with collaborations and the transfer of technology developed or improved in other research settings. Recognizing the potential for harm, the faculty of a number of medical schools for years prohibited the patenting of inventions pertaining to public health. Patents may cover new, useful, and non-obvious inventions, which are distinguished by patent law as processes, machines, manufacture, and composition of matter.As such, patentable inventions may span a wide range of 142 DETAILED DISCUSSION OF THE 56 RECOMMENDED PRINCIPLES results of academic work, including devices, chemical compounds, biological materials, research methods and tools, production processes, software, and other new products. Design patents cover new designs. Plant patents and related plant variety protection laws cover reproducing, selling, or using patented plants. Patents are acquired by an application that is reviewed by a patent examiner; the process may take up to three years.A patent has a term of twenty years from the date of application. Trademarks distinguish goods and services in the marketplace and are classed as trademarks, service marks, certification marks (showing testing by an independent laboratory, for instance), and collective marks (identifying membership in an organization, such as real estate agents). Trademarks may be common law, that is, acquired by use in commerce, or registered at the state or federal level. A trademark remains in existence as long as it is being used. In academic settings, names, logos, and tag lines for assests such as software programs, research laboratories, new techniques, services offered by departments, web sites, and programs of research may all come to have trademark status. Copyright encompasses original works of authorship fixed in any tangible medium of expression. Copyright vests in a work when it meets the requirements of the law; no application or registration process is now required. Classes of copyright eligible subject matter include printed matter , architectural or engineering drawings, circuit diagrams, lectures, musical or dramatic compositions, motion pictures, sound recordings, choreography, computer software or databases, pictorial works, sculpture, and instructional materials.Copyright now has a term of the life of the author plus 70 years,or in the case of work made for hire, 95 years from the date of first publication or 120 years from the date of creation of the work, whichever is shorter. These lists are not exhaustive.The scope of work subject to IP claims has expanded considerably over the past thirty years, both as a matter of changes in law as well as changes in university policy.As well, the term of copyright has been extended and registration formalities removed. Thus, even where university IP policies have not changed,the range of faculty-led work...

Share