Part 3 - Comprehensive Standards
  

3.2.14  The institution’s policies are clear concerning ownership of materials,
compensation, copyright issues, and the use of revenue derived from the creation and production of all intellectual property.  These policies apply to students, faculty, and staff. (Intellectual property rights)

Compliance
Partial Compliance
Non-Compliance

Narrative

The University of Louisiana System Policy on Intellectual Property and Shared Royalties governs intellectual property created by faculty, staff and students including disclosure, ownership of materials, compensation, copyright and the usage of derived revenue. The University of Louisiana System policy conforms to the State of Louisiana Revised Statutes and the Louisiana Code of Ethics. The University of New Orleans (UNO) has developed its own policy on Intellectual Property to provide procedures, protections and incentives to encourage the discovery and development of new knowledge and the transfer of associated intellectual property for public benefit. The UNO policy on Textbook Adoptions and Procurement also has relevance to that particular type of intellectual property.

Management

The President of UNO has ultimate authority for the stewardship of Intellectual Property developed at UNO. The administrative and business aspects of managing and commercializing UNO Intellectual Property are the responsibility of Office of Technology Management and Commercialization (OTMC), under the Vice President for Research and Economic Development, and with the approval of the UNO President.

Intellectual Property at UNO is generated through research and scholarship. UNO is committed to give the results of research and scholarship the widest possible dissemination and the broadest feasible utilization by the public. UNO is also committed, and in some cases required, to protect its ownership rights of its Intellectual Property generated by UNO personnel, to commercialize it if appropriate, and share any commercialization revenues with the UNO Creator. The process of accomplishing this is referred to as Technology Transfer and is handled by OTMC.

It is the responsibility of deans and unit heads, in harmony with the guidelines that follow, to act so that UNO resources including UNO personnel time are used appropriately, and to work with UNO personnel to promote proper fulfillment of the objectives of UNO policy.

UNO is committed to assisting its faculty, staff and students in properly disclosing and protecting Intellectual Property from their scholarly work; complying with applicable laws and formal UNO agreements with sponsors; and commercializing valuable Intellectual Property as appropriate.

Ownership of Materials 

Intellectual Property is the result of intellectual or artistic activity created by an individual in a scholarly, professional or student capacity. Intellectual Property is defined as inventions, discoveries, know-how, show-how, processes, unique materials, copyrightable works, original data, and other creative or artistic works which have value, whether or not they are patentable or copyrightable. Intellectual Property includes that which is protectable by statute or legislation, such as patents, copyrights, trademarks, trade secrets, mask works, and plant variety protection certificates. It also includes the physical embodiments of intellectual effort; for example, models, machines, devices, designs, apparatus, instrumentation, circuits, software programs and visualizations, biological materials, chemicals, other compositions of matter, plants, and records of research.

Ownership of Intellectual Property falls into 3 categories:

  1. Institutional Ownership - UNO has ownership of Intellectual Property created:

1. By UNO personnel within the scope of his or her employment;

2. By UNO personnel hired or commissioned to create a specific work;

3.  When more than incidental use of the usually and customarily provided UNO resources occurs; or

4.  When the Intellectual Property results from research supported by federal funds or other third-party sponsorship, subject to the terms and conditions of the grant or contract.

  1. Individual Ownership - UNO does not assert ownership of Intellectual Property unrelated to job responsibilities and where only incidental use of usually and customarily provided UNO resources has occurred, nor does UNO have ownership of traditional academic copyrightable works.
  1. Joint Ownership - Joint ownership may occur under certain circumstances such as when scholarly works involve the services of other UNO personnel (e.g., development of multi-media courseware).

Distribution and Use of Royalties

An appropriate share of Net Royalty Income is paid to the creator(s) in the event that income is generated by Intellectual Property rights assigned or licensed by UNO, as outlined in the Intellectual Property policy. Unless otherwise agreed to in writing prior to commercialization forty percent of UNO’s Net Royalty Income is paid to the creator, and sixty percent is retained by UNO. Regarding the creator’s share, it (1) is shared equally among all creators, unless they agree otherwise in writing; (2) will continue to be paid even though the creator may leave UNO; (3) passes to the creator’s legal heirs and assigns in the event of a creator’s death. The portion of Net Royalty Income retained by UNO is used for research, development and other scholarly activities.

Supporting Documents

Document Description
Document IconLa_Revised_StatutesLouisiana Revised Statutes
Document IconLouisiana_Code_of_Governmental_EthicsLouisiana Code of Governmental Ethics
Document IconUL_system_Pol_FS_III_VI_1_aUniversity of Louisiana System Policy Intellectual Property and Shared Royalties
Document IconUNO_Administrative_Policy_AP_AA_15_2University of New Orleans Administrative Policy Textbook Adoptions and Procurement
Document IconUNO_OMTC_WebUniversity of New Orleans Office of Technology Management and Commercialization Website
Document IconUNO_Policy_AP_RE_03_2University of New Orleans Administrative Policy Intellectual Property