Under this policy, students should retain full rights in the copyrights to any and all intellectual property created, except for third-party agreements for unusual university resources (Student property). The University owns all rights in copyright for works produced pursuant to third party agreements, as set forth in such agreements. When University parties cooperate in authoring copyrighted works, the results may result in shared ownership or non-exclusive rights to the works.
Where intellectual property that results from university works is copyright for course materials developed under the university paid, assigned responsibility to produce the specified university works product, or through significant use of university resources, the title of copyright would remain with the university, with author(s) granted a no-cost license to use it only for non-commercial research and education purposes. Virginia Commonwealth University holds all patents, copyrights, and other intellectual property rights to computer software developed by University parties or students pursuant to a sponsored research agreement between the University and a third party, written by individuals or invented with significant use of University resources, written by individuals or invented with substantial use of University resources. Patent and copyright policies determine ownership of intellectual property created by employees and other individuals at state universities that uses resources at the state universities. The Commonwealth of Virginia requires that all state colleges and universities adopt patent and copyright policies.
Regulations on Usage of Intellectual Properties in Virginia and Maryland
UVAs patent and copyright policies require employees to disclose and assign ownership rights for inventions developed in the scope of their employment or using substantial University resources. Many states have laws limiting the employers ability to require that employees assign inventions. Many states have an Employee Patent Act, which limits the scope of agreements requiring that an employee assign rights in inventions to an employer. In many cases, the employer will receive an agreement from an employee agreeing to assign all patents developed during employment on the employers business.
Even without such an agreement, an employer may nevertheless force the employee to transfer a patent to the employer, so long as the employee is hired to work on the project that generated the invention. Under state law, such an agreement does not apply to inventions that are developed without use of any equipment, facilities, or trade secrets provided by the employer, and that are developed solely in the employees private time, except when the invention is related to an employers business or anticipated R&D, or results from work performed for the employer. The act allows businesses (large and small) and non-profit organizations, including universities, to keep the property rights of inventions made through research and development programs funded by federal funds, and at the same time gives the government a license to use the subject invention. Under the Bayh-Dole Act, UVA is required to seek to patent and license inventions developed through federal funds.
Subject to the other provisions of this policy and applicable laws, the President may enter into agreements regarding the ownership, licensing, disposal, disposal of intellectual property, disposition of royalties or similar revenues, settlement of disputes, and other matters related to intellectual property that the University has an interest in, and can register intellectual property; seek protection under copyright, trademark, patent, or other applicable laws; and enforce, protect, manage, and perform any actions related to intellectual property owned by the University and the rights the University has to intellectual property. The University may transfer ownership of the invention as permitted by law, subject to rights held by sponsors, and retain a license that, at a minimum, will provide the University the right to use the intellectual property on a perpetual, royalty-free, world-wide, non-exclusive rights, as appropriate. Assignments of intellectual property may be subject to university conflicts-of-interest and conflicts-of-commitment policies, which may impose limitations on assignees, including limitations on the assignee’s use of the work or invention within the University of Virginia Commonwealth University. Employees who believe that they created intellectual property that is not owned by the university (because, for example, they believe that the work was not created in the scope of employment or used substantial university resources) are prohibited from marketing that intellectual property, nor filing (or aiding others in filing) patent applications for such works, without providing a written summary of the invention and circumstances surrounding the invention, with the VCU Innovation Gateway, at least 30 days in advance.
Employees who believe that they have created intellectual property not owned by the university (because, for example, they believe the work was not created within the scope of employment or using significant university resources) intellectual property not owned by the university, are not permitted to commercialize such inventions or file (or assist others to file) patent applications for such works, without providing at least 30 days of notice and a brief written summary of the inventions and the circumstances of the inventions to VCU Innovation Gateway. Obtain and file the required reports required by VCU and/or applicable state or federal laws. You will not (i) post on or transmit to the SITE any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that would constitute or encourage conduct that would be considered a criminal offense or that would give rise to civil liability, whether under statute, common law, or equitable principles, or otherwise violate any law; (ii) copy, reproduce, modify, lease, lend, sell, create derivative works from, upload, transmit, or distribute the intellectual property of the SITE in any way without prior written permission from NAACP or the appropriate third party, or otherwise use the Site in any way that violates any applicable law, order, or other restrictions or without prior written permission of the NAACP or the appropriate third party, or create derivative works from, upload, transmit, or distribute the intellectual property of the NAACP or the appropriate third party, or otherwise distribute the intellectual property of the SITE in any way, sell, create derivative works from, upload, transmit, or distribute the intellectual property of the SITE in any way, or distribute the intellectual property of the SITE without prior written permission of NAACP or the appropriate third party, or distribute the intellectual property of the SITE, or otherwise distribute the intellectual property of the SITE, or All graphics, icons, and other elements appearing on the Site are trademarks, service marks, trade dress, and/or copyrighted works ( Intellectual Property ) of the NAACP, its affiliates, or other entities that have granted the NAACP the right and permission to use such Intellectual Property and may not be used or interfered with in any way without the express written consent of the NAACP. Intellectual Property A collective term that defines university works that can be protected under copyright, trade secret protection, trade dress, trademarks, and/or patents, regardless of whether or not a formal defense is sought.