V611.02 Employee Responsibility and Activities: Intellectual Property
SBHE Policy 611.2 establishes guidelines to support faculty, staff, and students in identifying, protecting, and administering intellectual Property and defining the rights and responsibilities of all involved. The primary purposes of this policy are to encourage and promote research and scholarship based on the traditional principles of the academic profession. These products may constitute Intellectual Property that could be of financial benefit to the individuals involved and the Institution. This policy governs unless a policy on specific Intellectual Property provides a different rule. Guidelines regarding VCSU implementation of this policy are outlined below.
"Intellectual Property" or "IP": Collectively, any form of property created by the mind including, but not limited to, Inventions, trade secrets, copyrights, trademarks, mask works, and any other tangible research result such as biological materials, engineering drawings, integrated circuit chips, computer databases, prototype devices, circuit diagrams, and equipment.
“Net Royalties”: Gross revenues, including all royalties, licensing, and other fees generated as a direct result of IP, less the actual, out-of-pocket expenses incurred in procuring and maintaining protection, marketing (at the discretion of the System or one of its Institutions), licensing, and enforcing rights in such IP.
“Significant Use of Resources”: A Creator’s use of System or institutional facilities, equipment, and/or employees’ time that appreciably increases the costs of the System or Institution beyond those normally incurred. Significant Use does not include the Creator’s own time (including developmental leave) or the normal use of facilities or equipment commonly available to faculty, staff, or the public, such as libraries, Internet access, office space, office equipment, computers, and/or office supplies.
General VCSU Guidelines Regarding 611.02
1. Valley City State University will not seek royalties or remuneration on IP materials developed by Valley City State University faculty and staff except when significant use of resources to the University can be demonstrated to have been incurred for the development of said IP materials.
2. It is not necessary to seek University approval by the Vice President of Academic Affairs and Vice President of Business Affairs for standard academic research activities by faculty, staff, and/or students as part of their professional and job responsibilities relating to the delivery of the academic curriculum or performance of other University related tasks. Anything that falls outside the scope of standard academic research related to academic curriculum, per “Significant Use of Resources”, or anything not related to academic curriculum must seek prior approval by first consulting the Vice President of Academic Affairs.
3. If a significant use of resources has been determined, then a written agreement with the faculty, staff, and/or student member regarding net royalties and remuneration for Valley City State University from the IP will be decided by the Vice President of Academic Affairs and Vice President of Business Affairs. This written document will clarify any significant uses of resources and remuneration of such. The University shall have the right of first refusal for patentable discoveries made using University facilities, contract funds, gifts, and/or grants.
Sponsored by: Faculty Advocacy Committee
Effective: August 2016
Reviewed: Spring 2022