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					     UNF Collective Bargaining 2004-5                            Inventions & Works Article (18)
                                                                                    Proposal #1
                                                                                  May 24, 2005

 1                                        ARTICLE __
 2                                  INVENTIONS AND WORKS
 3
 4   __.1 University Authority and Responsibilities. Section 240.229, Florida Statutes,
 5   authorizes each university to establish rules and procedures regarding patents, copyrights,
 6   and trademarks. Such rules and procedures shall be consistent with the terms of this
 7   Article.
 8
 9   __.2   Definitions. The following definitions shall apply in Article __:
10          (a)      A "work" includes any copyrightable material, such as printed material,
11   computer software or databases, audio and visual material, circuit diagrams, architectural
12   and engineering drawings, lectures, musical or dramatic compositions, choreographic
13   works, pictorial or graphic works, and sculptural works. Instructional technology
14   material, as defined in Section 9.9(a) [cite approp, section], is included in this definition.
15
16            (b)     An "invention" includes any discovery, invention, process, composition of
17   matter, article of manufacture, know-how, design, model, technological development,
18   strain, variety, culture of any organism, or portion, modification, translation, or extension
19   of these items, and any mark used in connection with these items. Instructional
20   technology material, as defined in Section 9.9(a), is included in this definition.
21
22          (c)     "Instructional technology material" is defined in Section 9.9(a).
23
24            (d)     "University support" includes the use of university funds, personnel,
25   facilities, equipment, materials, or technological information, and includes such support
26   provided by other public or private organizations when it is arranged, administered, or
27   controlled by a university.
28
29   __.3    Works.
30           (a)     Independent Efforts. A work made in the course of independent efforts is
31   the property of the employee faculty member, who has the right to determine the
32   disposition of such work and the revenue derived from such work. As used in this
33   Section, the term "independent efforts" means that:
34                   (1)    the ideas came from the employee faculty member;
35                   (2)    the work was not made with the use of university support; and
36                   (3)    the university is not held responsible for any opinions expressed in
37   the work.
38
39          (b)     University-Supported Efforts.
40                  (1)    If the work was not made in the course of independent efforts, the
41   work is the property of the university and the employee faculty member shall share in
42   the proceeds therefrom.
43                  (2)    Exceptions. The university shall not assert rights to the following
44   works:



                                                   1
     UNF Collective Bargaining 2004-5                          Inventions & Works Article (18)
                                                                                  Proposal #1
                                                                                May 24, 2005

 1                          a.      Those works for which the intended purpose is to
 2   disseminate the results of academic research or scholarly study, such as books, articles,
 3   electronic media; and
 4                          b.      Works developed without the use of appreciable university
 5   support and used solely for the purpose of assisting or enhancing the employee faculty
 6   member's instructional assignment.
 7
 8          (c)      Disclosure.
 9                   (1)    Upon the creation of a work and prior to any publication, the
10   employee faculty member shall disclose to the President or representative any work
11   made in the course of university-supported efforts, together with an outline of the project
12   and the conditions under which it was done. Consistent with the provisions of Section
13   __.3(b)(2)a., above, employee faculty members need not disclose regarding books,
14   articles, and similar works, the intended purpose of which is to disseminate the results of
15   academic research or scholarly work.
16
17                 (2)    The President or representative shall assess the relative equities of
18   the employee faculty member and the university in the work.
19
20                    (3)     Within sixty (60) days after such disclosure, the President or
21   representative will shall inform the employee faculty member whether the uUniversity
22   seeks an interest in the work, and a written agreement shall thereafter be negotiated to
23   reflect the interests of both parties, including provisions relating to the equities of the
24   employee faculty member and the allocation of proceeds resulting from such work.
25   Creation, use, and revision of such works shall also be the subject of the written
26   agreement between the employee faculty member and the uUniversity as well as
27   provisions relating to the use or revision of such works by persons other than the creator.
28   The employee faculty member shall assist the uUniversity in obtaining releases from
29   persons appearing in, or giving financial or creative support to, the development or use of
30   these works in which the uUniversity has an interest. All such agreements shall comport
31   with and satisfy any preexisting commitments to outside sponsoring contractors.
32                    (4)     The employee faculty member and the uUniversity shall not
33   commit any act which would tend to defeat the uUniversity's or employee faculty
34   member's interest in the work and shall take any necessary steps to protect such interests.
35
36   __.4    Inventions.
37           (a)    Disclosure/University Review.
38                  (1) An employee faculty member shall fully and completely disclose to
39   the President or representative all inventions which the employee faculty member
40   develops or discovers while an employee of the State University System University,
41   together with an outline of the project and the conditions under which it was done. With
42   respect to inventions made during the course of approved outside employment, the
43   employee faculty member may delay such disclosure, when necessary to protect the
44   outside employer's interests, until the decision has been made by the outside employer
45   whether to seek a patent.


                                                  2
     UNF Collective Bargaining 2004-5                           Inventions & Works Article (18)
                                                                                   Proposal #1
                                                                                 May 24, 2005

 1
 2                  (2) If the uUniversity wishes to assert its interest in the invention, the
 3   President or representative shall inform the employee faculty member within 120 days
 4   of the employee faculty member's disclosure to the President or representative.
 5                  (3)      The President or representative shall conduct an investigation
 6   which shall assess the respective equities of the employee faculty member and the
 7   uUniversity in the invention, and determine its importance and the extent to which the
 8   uUniversity should be involved in its protection, development, and promotion.
 9                  (4)      The President or representative shall inform the employee faculty
10   member of the uUniversity's decision regarding the university's interest in the invention
11   within a reasonable time, not to exceed 135 days from the date of the disclosure to the
12   President or representative.
13                  (5)      The division, between the uUniversity and the employee faculty
14   member, of proceeds generated by the licensing or assignment of an invention shall be
15   negotiated and reflected in a written contract between the uUniversity and the employee
16   faculty member. All such agreements shall comport with and satisfy any preexisting
17   commitments to outside sponsoring contractors.
18                  (6)      The employee faculty member shall not commit any act which
19   would tend to defeat the uUniversity's interest in the matter, and the uUniversity shall
20   take any necessary steps to protect such interest.
21
22           (b)     Independent Efforts. All inventions made outside the field or discipline in
23   which the employee faculty member is employed by the uUniversity and for which no
24   university support has been used are the property of the employee faculty member, who
25   has the right to determine the disposition of such work and revenue derived from such
26   work. The employee faculty member and the President or representative may agree that
27   the patent for such invention be pursued by the uUniversity and the proceeds shared.
28
29           (c)    University-Supported Efforts. An invention which is made in the field or
30   discipline in which the employee faculty member is employed by the uUniversity, or by
31   using university support, is the property of the uUniversity and the employee faculty
32   member shall share in the proceeds therefrom.
33
34          (d)      Release of Rights.
35                   (1)      In the event a sponsored research contractor has been offered the
36   option to apply for the patent to an invention or other rights in an invention, the
37   uUniversity will shall use its good offices in an effort to obtain the contractor's decision
38   regarding the exercise of such rights within 120 days.
39                   (2)      At any stage of making the patent applications, or in the
40   commercial application of an invention, if it has not otherwise assigned to a third party
41   the right to pursue its interests, the President or representative may elect to withdraw
42   from further involvement in the protection or commercial application of the invention.
43   At the request of the employee faculty member in such case, the uUniversity shall
44   transfer the invention rights to the employee faculty member, in which case the
45   invention shall be the employee faculty member's property and none of the costs


                                                   3
     UNF Collective Bargaining 2004-5                           Inventions & Works Article (18)
                                                                                   Proposal #1
                                                                                 May 24, 2005

 1   incurred by the uUniversity or on its behalf shall be assessed against the employee
 2   faculty member.
 3                   (3)    All assignments or releases of inventions, including patent rights,
 4   by the President or representative to the employee faculty member shall contain the
 5   provision that such invention, if patented by the employee faculty member, shall be
 6   available royalty-free for governmental purposes of the State of Florida, unless otherwise
 7   agreed in writing by the uUniversity.
 8
 9          (e)      University Policy.
10                   (1)    Each university The University shall have a policy addressing the
11   division of proceeds between the employee faculty member and the university.
12                   (2)    Such policy may be the subject of consultation meetings pursuant
13   to Section 2.2 the Consultation article.
14
15           (f) Execution of Documents. The university University and the employee
16   faculty member shall sign an agreement individually recognizing the terms of this
17   Article.
18
19   __.5   Outside Activity.
20          (a)      Although an employee faculty member may, in accordance with Article
21   19, Conflict of Interest/Outside Activity, engage in outside activity, including
22   employment, pursuant to a consulting agreement, requirements that an employee faculty
23   member waive the employee faculty member's or university University's rights to any
24   work or inventions which arise during the course of such outside activity must be
25   approved by the President or representative.
26
27            (b)     An employee faculty member who proposes to engage in such outside
28   activity shall furnish a copy of this Article and the university University's patents policy
29   to the outside employer prior to or at the time a consulting or other agreement is signed,
30   or if there is no written agreement, before the employment begins.
31




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