The UAF Faculty Senate passed the following at its Meeting #32 on
February 10, 1992:
MOTION PASSED (with 6 abstentions)
==============
The UAF Faculty Senate moves to recommend approval of the
attached proposed policy and regulation on Inventions, Patents,
Copyrights, Trademarks and Other Intellectual Properties.
Signed: Ray. Highsmith, President, UAF Faculty Senate Date: 2/12/92
Approved: J. Wadlow, Chancellor Date: 2/14/92
***************
PROPOSED POLICY
================
Inventions, Patents, Copyrights, Trademarks
and Other Intellectual Properties 04.10.03
In meeting the University's mission of teaching, research and public
service, the Board of Regents recognizes and encourages the
development of intellectual property of value to the public by
University personnel and students.
The President of the University shall adopt appropriate regulations
to encourage and support intellectual activity by employees and
students, and shall detail rights and obligations concerning
inventions, patents, copyrights, trademarks and other intellectual
properties developed as a result of University support.
***************
PROPOSED REGULATION
====================
Inventions, Patents, Copyrights, Trademarks
and Other Intellectual Properties 04.10.03
A. Introduction
This regulation is adopted to encourage and support creative
activity by employees and students for the public benefit and
shall be deemed to be a part of the conditions of employment
of every employee of the University and a part of the condition
of enrollment and attendance at the University for every
student.
B. Administration
1. All matters relating to inventions, patents, copyrights,
trademarks and other intellectual properties in which
the University of Alaska Is In any way concerned will be
administered by the President of the University or such
person as the President may designate.
2. Director of Intellectual Property and Licensing. The
University President may appoint a Director of
Intellectual Property and Licensing to serve as the
President's designee in executing all activities
pertaining to all University intellectual property. The
Director of Intellectual Property and Licensing will be
empowered, with the approval of the President, to:
a. Waive University rights to an invention or other
intellectual properties;
b. Submit patent, copyright, trademark and license
applications on behalf of the University and/or the
author(s) or inventor(s);
c. Obtain copyrights, trademarks and patents on
behalf of the University and/or the author(s) or
inventor(s);
d. Grant licenses on behalf of the University;
e. Promote University intellectual property to Alaska
firms to provide opportunities for Alaskan
economic development;
f. Purchase licenses for non-University copyrighted
material or patented inventions for University use
and/or sub-license;
g. Grant use of copyrighted materials and patented
inventions;
h. Execute on behalf of the University and/or the
inventor(s) any agreements as may be appropriate;
i. Obtain and maintain requisite documentation as
necessary in all matters concerning the
management of intellectual properties;
j. Execute royalty division agreements with the
inventor(s) or author(s) on behalf of the University.
k. Seek out and recommend appropriate patent
management and license marketing organizations,
recommend to the President working contracts
between such organizations and the University and,
after consultation with the Intellectual Property
Committee, transmit reports of inventions(s) to
such organizations;
l. Assure appropriate involvement of the inventor(s)
in licensing and other commercial development
activities;
m. Promote the marketing of University-trademarked
products;
n. Receive, account for, and properly disperse all
proceeds received pursuant to this policy;
o. Facilitate communication between all parties
involved, and enforce the terms and conditions of
these regulations; and
p. Prepare and submit an annual report on the
University patent, copyright, trademark and license
activities and finances to the President and the
Chancellors and prepare such other reports and
perform such other functions as may be requested
by the President.
3. The President will appoint a University Intellectual
Property Committee. The Committee will be composed of
the University Director of Intellectual Property and
Licensing and five members from the University faculty,
and with the University General Counsel serving as an
ex-officio member. The members will serve at the
pleasure of the President, with the normal term of
appointment to be staggered three-year terms. All
members shall serve without additional compensation.
The President will appoint a member to serve as Chair.
4. The University Intellectual Property Committee will
have the following responsibilities:
a. To support, promote and encourage University
personnel in the development of copyrightable and
patentable intellectual properties, to promote the
patenting of inventions and to encourage personnel
in the creation of intellectual property.
b. To evaluate inventions and discoveries for
patentability, and, where desirable, to consult such
expertise as the Committee may require to examine
the merits of each potentially patentable invention.
c. To recommend to the President or President's
designee applications for patents.
d. To recommend to the President or President's
designee the patent and related rights or equities
held by the University of Alaska in an invention,
and to review agreements with cooperating
organizations, with respect to patent rights or
equities.
e. In the absence of overriding obligations to outside
sponsors of research, recommend to the President
or President's designee the release of patent rights
to the inventor(s) in those circumstances where
the University elects not to file a patent
application and where no further research or
development of that invention will be conducted
involving University support or facilities. The
University's decision not to elect to file a patent
application will be made within a period not to
exceed three months from the date of first
submission of the inventor(s)' written statement of
disclosure of an invention to the Intellectual
Property Committee. In every instance in which
the University determines not to file a patent
application or to continue efforts at marketing, or
fails to elect to do so within three months from
the date of submission of the disclosure, all of the
University's rights to the invention will be
released to the inventor(s).
f. To recommend to the President or President's
designee licenses and related agreements entered
into with other parties concerning patent and
related property rights held by the University.
g. To review the procedures for the collection of
royalties and fees and their distribution, and make
recommendations to the President or President's
designee for modification of procedures.
h. To review situations of possible infringement of
patent rights held by the University, and in
association with the Office of the General Counsel,
to recommend to the President or President's
designee negotiations, litigation, and settlement of
matters arising therefrom.
i. To assist University officers in negotiating with
cooperating organizations concerning prospective
rights to patentable inventions or discoveries made
as a result of research carried out under grants,
contracts or other agreements to be funded in
whole or in part by such cooperating organizations,
and assist University offices in negotiating
institutional patent agreements or other
agreements with Federal agencies or other
organizations regarding the disposition of patent
rights.
j. To recommend to the President or President's
designee appropriate exemptions from the
agreement to assign inventions and patents to the
University.
k. To make such reports and recommendations to the
University President as the University President
may direct.
C. Inventions and Patents
1. The assignment of inventions and patents to the
University, except for those resulting from permissible
consulting activities outside of University employment
without the use of University facilities, shall be
mandatory for all University personnel, for persons not
employed by the University but who use University
facilities in the development of intellectual property,
and for those who receive grant or contract funds
through the University. Exemptions from such
assignments may be authorized in those circumstances
where the mission of the University is better served by
such action, provided that the overriding obligations to
other parties are met and such exemptions are not
inconsistent with other Board of Regents' policies or
University regulations.
2. University personnel and all those using University
facilities in the development of intellectual property
shall immediately and properly disclose the conception
and/or reduction to practice of potentially patentable
inventions. Such disclosure shall be made to the
President or President's designee. Persons making
disclosures shall execute such declarations, assignments
or other documents as may be necessary in the course of
invention evaluation, patent prosecution, or protection of
patent rights.
3. Subject to restrictions arising from overriding
obligations of the University pursuant to grants,
contracts or other agreements with outside
organizations, the University agrees, for and in
consideration of the assignment of patent rights, to pay
annually to the named inventor(s), the inventor(s)' heirs,
successors or assigns, a royalty share of the net
proceeds received by the University for each patent or
other intellectual property right assigned to the
University, as shown below.
Total Net Royalty Inventor(s)' University
Per Invention Share Share
($) (%) (%)
First $10,000 100% 0%
>$10,000 50% 50%
Where there are two or more inventors, each inventor
shall share equally in the inventor's share of net
proceeds, unless all inventors previously have agreed in
writing to a differing distribution of such share.
Distribution of the inventor's share shall be made no less
than annually. In the event of any litigation, actual or
imminent, or any other action to protect patent rights,
the University may withhold distribution of all royalty
proceeds until resolution of the matter. Of the remaining
net proceeds, the share shall be distributed as
determined by the President.
University proceeds from University inventions shall be
used for the support of University research and scholarly
activities; however, exceptions may be granted by the
President or President's designee.
D. Copyrights
1. The President or President's designee shall be
responsible for the administration of the University
copyright regulation and for securing copyrights in the
name of the University. Revenues received through the
licensing of copyrights shall be shared with the author
as follows: 50% to the author, 50% to the University on
all proceeds. Exceptions to the above may be granted by
the President in consultation with the Intellectual
Property Committee.
2. Ownership and disposition of copyrightable material
Copyright ownership and the rights thereof are terms
defined by Federal law. The University believes that its
copyright regulation objectives will best be attained
within the context of the Federal law by defining the
equities of ownership of copyrightable material in terms
of the following categories. Copyright ownership of all
materials, which are developed with the use of
University facilities, shall reside with the University,
except as follows:
a. The University will not assert ownership of
copyrightable materials produced by faculty
members as a part of their normal teaching and
scholarly activities at the University and which do
not result from project specifically funded in
whole or in part by the University or by a sponsor
of the University.
b. Copyright ownership of all materials which are
developed in the course of, or pursuant to,
sponsored research or other agreement(s) will be
determined in accordance with the terms of those
agreement(s) or, in the absence of such terms, the
copyright will be the property of the University.
c. Copyrighted materials not within the provisions of
categories "a." and "b." above will be the property of
the University, except for theses; however, the
author(s) of theses must, as a condition of a degree
award, grant royalty-free permission to the
University to reproduce and publicly distribute
copies of the thesis.
E. Trademarks
All trademarks are the exclusive property of the University.
No steps shall be taken by University personnel for securing
trademarks by usage or registration with respect to any
University products resulting from the University's scholarly,
research, athletic or other activities, except with the approval
of the President or President's designee after consultation
with the University Director of Intellectual Property and
Licensing. Applications for trademarks will be made on behalf
of the University by the President or President's designee.
Revenues received through the licensing of trademarks shall be
shared as determined by the President after consultation with
the Intellectual Property Committee.
F. Other Intellectual Property
Other forms of intellectual property, including those which
may emerge in the future, shall be administered by the
President or President's designee after consultation with the
Intellectual Property Committee in accordance with the
regulations governing the University's interests in inventions,
patents trademarks and copyrights.
G. Definitions
As used in this regulation, the following terms have the
meaning indicated:
Author - University personnel, singly or as a group, who
produce written, visual or recorded materials.
Disclosure - A detailed, complete and accurate description of
materials of an item of intellectual property.
Intellectual Property - Inventions, copyrights and
copyrightable material, patents, trademarks and trade secrets.
Inventions - All inventions, discoveries, processes, methods,
uses, products or combinations, or other intellectual
properties, whether or not patented or patentable at any time
under the U.S. Patent Act and the Patent Cooperation Treaty as
now existing or hereafter amended or supplemented.
Net Proceeds - The gross receipts derived from trademarks,
materials, inventions, discoveries and/or intellectual
properties, including but not limited to, rents, royalties,
dividends, earnings, gains and sale proceeds, less all costs,
expenses and losses paid or incurred by the University in
connection therewith, including, but not limited to, all direct
costs and expenses, indirect costs and expenses as allocated
and determined by the University, costs and expenses of
obtaining, securing and protecting patents, copyrights and
trademarks and all attorney's fees.
Trade Secret - Any information, device, method, formula, etc.,
whether or not copyrightable or patentable, which is not
generally known or accessible apart from the University, and
which gives competitive advantage to its owner.
Trademarks - Distinctive marks of authenticity such as words,
letters, symbols, designs, etc., identifying the source producer
or distributor of goods or services.
University Facilities - All University buildings, laboratories,
classes, equipment and for supplies, excluding libraries.
University Personnel - Part-time, full-time, visiting and
volunteer members of the faculty, staff, and all other agents
and employees, undergraduate and graduate students, and
postdoctoral fellows of the University.
Written Materials - All literary, dramatic and musical
material or works, and all other works such as lab manuals,
study guides and architectural designs published or
unpublished, copyrighted or copyrightable at any time under
the Federal Copyright Act as now existing or hereafter
amended or supplemented.
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The UAF Faculty Senate passed the following at its Meeting #32 on
February 10, 1992:
RESOLUTION PASSED (with 2 abstentions)
==================
BE IT RESOLVED, That the UAF Faculty Senate moves to support the
following ASUAF resolution on Special Graduation.
**************
ASUAF Senate Resolution F91-4
Title: Special Graduation
Sponsor: Martin
Date: September 29, 1991
WHEREAS 1496 student, or 23.5% of the 6,355 students enrolled at
UAF for the fall semester of 1991 are married; and
WHEREAS Married students at this time and in the future may
achieve their respective graduation requirements at the same time
from different "schools," and will there for be unable to walk
together at the graduation ceremonies;
THEREFORE BE IT RESOLVED That the graduation department and the
Deans from individual schools instigate a procedure that would
enable married students graduating from different schools to "walk"
together during their graduation ceremonies; and,
FURTHER BE IT RESOLVED That this resolution be sent to the UAF
Executive Council, the UA Board of Regents, and the UA Executive
Officers.
Signed: Ray. Highsmith, President, UAF Faculty Senate Date: 2/12/92
-------------------------------------------------------------
The UAF Faculty Senate passed the following at its Meeting #32 on
February 10, 1992:
RESOLUTION PASSED (unanimous approval)
==================
BE IT RESOLVED, That the UAF Faculty Senate endorses the Graduate
Council resolution on overhead.
Graduate student funding is one of the main impediments to
increasing the level and quality of graduate education at UAF.
An overhead rate is charged on externally funded grants, of which
12.8% goes to Statewide Administration (UA) and includes moneys
which were formerly allocated to the UA Vice President for
Research. As most of the research occurs at UAF, the position was
transferred to the UAF Vice Chancellor for Research. However, the
UA 12.8% share of overhead was not returned to UAF.
It is recommended that an appropriate percentage of the UA
statewide system share of overhead be returned to the
unit/department and/or the principal investigator for graduate
student recruitment and retention.
Signed: Ray. Highsmith, President, UAF Faculty Senate Date: 2/12/92
-------------------------------------------------------------
The UAF Faculty Senate passed the following at its Meeting #32 on
February 10, 1992:
MOTION PASSED (unanimous approval)
==============
The UAF Faculty Senate moves to change the approval route for
course designations for Social Sciences, the "s" designator, to the
following:
Social Sciences shall be approved individually by the
Curriculum Councils of the College of Rural Alaska, the College
of Liberal Arts, and the School of Management, such that each
college approves courses taught within its own college.
EFFECTIVE: Fall 1992
RATIONALE: The present system of requiring approval
by all three colleges is burdensome, time-consuming
and redundant. Individual colleges best understand the
significance of courses within their own disciplines,
allowing the rest of the university to rely on the
expertise of those colleges most closely concerned to
follow the established criteria.
Signed: Ray. Highsmith, President, UAF Faculty Senate Date: 2/12/92
Approved: J. Wadlow, Chancellor Date: 2/14/92
-------------------------------------------------------------
The UAF Faculty Senate passed the following at its Meeting #32 on
February 10, 1992:
MOTION PASSED (with 8 abstentions)
==============
The UAF Faculty Senate move to approve the AAS in Native Language
Education.
EFFECTIVE: Upon Board of Regents Approval
RATIONALE: See program proposal
Signed: Ray. Highsmith, President, UAF Faculty Senate Date: 2/12/92
Approved: J. Wadlow, Chancellor Date: 2/25/92
-------------------------------------------------------------
The UAF Faculty Senate passed the following at its Meeting #32 on
February 10, 1992:
MOTION PASSED (with 6 abstentions)
==============
The UAF Faculty Senate move to approve the Certificate program in
Native Language Education.
EFFECTIVE: Upon Board of Regents Approval
RATIONALE: See program proposal
Signed: Ray. Highsmith, President, UAF Faculty Senate Date: 2/12/92
Approved: J. Wadlow, Chancellor Date: 2/25/92
-------------------------------------------------------------
The UAF Faculty Senate passed the following at its Meeting #32 on
February 10, 1992:
MOTION PASSED (with 4 abstentions)
==============
The UAF Faculty Senate move to approve the BA in Japanese Studies.
EFFECTIVE: Upon Board of Regents Approval
RATIONALE: See program proposal
Signed: Ray. Highsmith, President, UAF Faculty Senate Date: 2/12/92
Approved: Joan Wadlow, Chancellor Date: 4/25/93
*We will forward this proposal to statewide for the system-wide
review. This will provide greater insight regarding the demand in
Alaska for Japanese Studies. For UAF, Japanese Studies is
consistant with our strategic emphasis on the Northern Pacific
Rim.
-------------------------------------------------------------
The UAF Faculty Senate passed the following at its Meeting #32 on
February 10, 1992:
MOTION PASSED (with 7 abstentions)
==============
The UAF Faculty Senate move to approve the BA in Spanish Studies.
EFFECTIVE: Upon Board of Regents Approval
RATIONALE: See program proposal
Signed: Ray. Highsmith, President, UAF Faculty Senate Date: 2/12/92
Disapproved: Joan Wadlow, Chancellor Date: 4/26/92
*At this time UAF cannot devote sufficient depth of resources to
implement this program even though the subject is of importance
to the country as a whole.
-------------------------------------------------------------
The UAF Faculty Senate passed the following at its Meeting #32 on
February 10, 1992:
MOTION PASSED (with 7 abstentions)
==============
The UAF Faculty Senate move to approve the Minor in Film Studies.
EFFECTIVE: Fall 1992
RATIONALE: See program proposal
Signed: Ray. Highsmith, President, UAF Faculty Senate Date: 2/12/92
Approved: J. Wadlow, Chancellor Date: 3/31/92
* Note VC Reynolds response to nature of degree.
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The UAF Faculty Senate passed the following at its Meeting #32 on
February 10, 1992:
MOTION PASSED (with 6 abstentions)
==============
The UAF Faculty Senate move to approve the Minor in Women's
Studies.
EFFECTIVE: Fall 1992
RATIONALE: See program proposal
Signed: Ray. Highsmith, President, UAF Faculty Senate Date: 2/12/92
Approved: Joan Wadlow, Chancellor Date: 3/12/92
ⓒ UA