ARTICLE 14. PATENTS AND COPYRIGHTS

14.1 The University and the Member shall enter into an individual agreement concerning their respective rights, title and interest in an invention or creative work which is subject to sections 2, 3, or 4 of the existing Patent and Copyright By-Law. Such agreement shall incorporate all the rights, benefits and responsibilities of the relevant provisions of sections 2, 3, or 4 of the existing Patent and Copyright By-Law unless mutually agreed to the contrary. When the University has entered into such an agreement with a Member, it shall inform the Association of the date of the agreement, the name of the Member and whether the agreement involves patent or copyright. Prior to signing any agreement to waive his/her right, title, or interest in any invention or creative work, the Member should consult the Association. The Vice-President (Administration) or his/her designate shall advise the Member of his/her right to consult the Association concerning such waiver.

14.2 The University and the Association agree that the existing provisions of the Patent and Copyright By-Law in relation to Members shall not be altered except by agreement of the parties.

14.3 Notwithstanding the above, section 3 of the existing Patent and Copyright By-Law shall be extended to include artistic as well as literary works of Members.

14.4 For the purposes of interpreting the said Patent and Copyright By-Law, the first paragraph of section 1 shall be deemed to read as follows:

"There shall be a Standing Committee on Patents and Copyrights composed of two (2) representatives appointed by the Association and two (2) representatives appointed by the University together with a chairperson selected by the representatives of the two (2) parties. The chairperson shall vote only to break a tie."

14.5 For the purposes of this Agreement, any grievance pertaining to this article shall be handled in accordance with the following procedure:

14.5.1 the Member, within ten (10) working days of the event giving rise to the grievance or the date on which the Member first knew or reasonably should have known of such event if that date is later, shall present a grievance to the Vice-President (Administration);

14.5.2 within five (5) working days of the receipt of the grievance, the Vice-President (Administration) shall refer the matter to the Standing Committee on Patents and Copyrights and inform the Association of such grievance. The Standing Committee on Patents and Copyrights, within twenty (20) working days of receipt of the grievance shall make a recommendation for the resolution of the grievance. The time limits on the Standing Committee on Patents and Copyrights may be extended by mutual agreement of the Vice-President (Administration) and the Member;

14.5.3 the Vice-President (Administration) within five (5) working days of the receipt of the recommendation from the Standing Committee on Patents and Copyrights shall render his/her decision on the matter and communicate it in writing to the parties concerned; and

14.5.4 if the decision of the Vice-President (Administration) rendered pursuant to s. 14.5.3 hereof does not resolve the grievance, the matter may be submitted to binding arbitration in accordance with Stage 4 of Article 32, Grievance Procedure and Arbitration.

14.6 A committee shall be struck to conduct a review of the Patent and Copyright By-Law and issues of intellectual property. The committee shall comprise three (3) representatives appointed by the Association and three (3) representatives appointed by the University. A non-voting chairperson shall be selected by but not from the six (6) committee members.

14.6.1 The Committee will complete its review and make recommendations to the Vice-President (Research), the Board of Governors, and the Association by June 30, 1999.

14.6.2 Any changes to the Patent and Copyright By-Law or changes to policies, guidelines or by-laws relating to intellectual property shall be subject to the provisions of Article 14.2.

 

Questions or Comments? Contact Josie Lubega at (204) 474-8288