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INTELLECTUAL PROPERTY POLICY DEFINITIONS

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INTELLECTUAL PROPERTY POLICY DEFINITIONS Powered By Docstoc
					INTELLECTUAL PROPERTY POLICY

Medicine Hat College encourages and supports the creative endeavors of employees and recognizes the
creative investment made by those who participate in the development of intellectual property. This
policy provides authority for designating the intellectual property ownership for publications,
productions, and other creative works developed by college employees in the course of their
employment.

Medicine Hat College will uphold its legal obligation to comply with the Copyright Act of Canada and
any amendments and will take reasonable steps to ensure all staff and students are aware of, and adhere
to, the Copyright Act.

Employees of the College are required to respect third party intellectual property rights. This includes but
is not limited to Access Copyright and other licensing agreements.

The creator guarantees that the intellectual property they have developed is original and eligible for
intellectual property rights.



DEFINITIONS

Creator(s): is a person or group of people employed by Medicine Hat College who create works of
intellectual property.

Development costs: include all costs incurred to create, recreate, or improve the intellectual property
that are not classified as operating costs.

Infrastructure: in this policy includes specialized facilities and services of the college including technical
facilities and services, computer services, and administrative assistant services.

Intellectual property: refers to any form of expression or knowledge created with one’s intellect,
including inventions, computer software, patents, trademarks, literary, artistic, dramatic, musical works
and know-how.

Operating costs: includes annual or periodic costs required to produce the intellectual property and
include such expenditures as production, publishing, packaging, marketing, and distribution.

Work: any original work of authorship fixed in any tangible medium or expression, now known or later
developed which can be preserved, reproduced or communicated, directly or with the aid of a machine.
Moral rights: means the author of a work has the right to the integrity of a work and, where reasonable
in the circumstances, the right to be associated with the work as its author by name or under a
pseudonym, and the right to remain anonymous.



OWNERSHIP

    •   Medicine Hat College owns intellectual property that is necessarily developed in the course of
        work for which the creator is employed. This includes but is not limited to course outlines,
        assignments, manuals, support materials, and examinations.

    •   The instructor will own the intellectual property on lecture notes.

    •   The College owns College-sponsored products not directly related to teaching. This includes but
        is not limited to public relations products such as brochures, promotional materials, and annual
        reports.

    •   When College infrastructure is used in the creation of intellectual property the College and the
        creator will be joint owners of the intellectual property and the relative interests of the College
        and the creator will be defined in writing. If not so indicated in writing, the College will have
        ownership.

    •   All works shall contain a copyright statement or have a copyright symbol identifying the
        ownership of copyright and provide appropriate credit to the creator or to the College.

    •   The College recognizes that an employee is the sole owner of intellectual property of a personal
        work created outside the scope of their employment with the College, on their own initiative and
        time, and without College support. When such property is used at the College, the creator has
        the right to restrain the distribution of the material to third parties.

    •   The creator may assign or transfer interest in intellectual property to the College and the College
        may assign or transfer interest in intellectual property to the creator. These agreements must be
        done in writing.

    •   The College recognizes that students generally own the intellectual property for works they
        produce in the course of their study, with or without College support. The College may, with the
        written consent of the student, use materials produced by the student as an example for future
        classes or for other educational purposes.



MORAL RIGHTS

The creator of the intellectual property retains the moral or ethical rights associated with intellectual
property that is the result of the creator’s intellectual effort. Where the College requires revision to a
work created by a creator who is still a College employee, the College will request that the employee make
the revisions as part of their employment. If the creator is unable to or fails to make the revisions, the
College may assign this task to others.


MHC Draft Intellectual Property Policy                                                                  2
Rev: May 15, 2007
The College may ask the creator to waive the moral rights to a work on terms to be negotiated by the
College and the author.



COMMERCIALIZATION

The College and the employee together will assess the commercialization potential of the intellectual
property and will negotiate a written agreement as appropriate. In negotiating a commercialization
agreement, these options are available:

    •   The College will own the intellectual property until costs of production are recovered. Once
        these costs are recovered the creator will own the intellectual property.

    •   The College and the creator will jointly own the intellectual property.


    •   The College or creator will buy out the other party through an agreed upon financial transaction.



REVENUE SHARING

Revenue sharing will be determined by the level of involvement of the College and the creator in the
development of intellectual property. The College and creator will negotiate the division of revenue.
Revenue may be based on:

    •   paying any operating costs

    •   dividing revenue remaining between the College and creator in proportion to their intellectual
        property interest, after the payment of operating costs

    •   limiting the College’s interest to no more than fifty percent, in recognition of the value of the
        idea or concept contributed by the creator.



APPEALS

In cases where a creator and the College cannot reach agreement on intellectual property through
discussion, an appeal process will decide the matter. An Intellectual Property Appeal Committee,
consisting of the Vice President, Academic, a Faculty Association representative, and one other staff
member appointed by the President, shall meet with the creator. The Committee will provide a
reasonable opportunity to be heard, and explanation of the reasons for opinions and decisions, and the
opportunity for rebuttal, fair and impartial judgment, and reasoned grounds for the decision.

In the event that a dispute remains unresolved after discussion with the Intellectual Property Appeal
Committee, or in the event that an employee is dissatisfied with the decision of the Board, the member
may refer the matter to the President whose decision will be final and binding.


MHC Draft Intellectual Property Policy                                                                 3
Rev: May 15, 2007

				
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