Common use of Income Generated from Intellectual Property Clause in Contracts

Income Generated from Intellectual Property. (a) All net income resulting from intellectual property (except copyright) developed in the course of a Member’s employment, which has not been funded by an external sponsor, will be divided as follows: (i) When a Member at the Member’s sole discretion and the Member’s own expense has registered the intellectual property (for example, as a patent or a trademark) and has assumed the costs of the commercial exploitation of the intellectual property, the University will receive ten (10) percent of net income each year and the Member will receive ninety (90) percent of net income each year; or (ii) When the University at its own expense has registered the intellectual property (for example, as a patent or a trademark) and has assumed the costs of the commercial exploitation of the intellectual property, the University will receive fifty (50) percent of net income each year and the Member will receive fifty (50) percent of net income each year. (b) For the purposes of dividing income under Article 25.3(a), income will be net income (gross income less all expenses). For the purposes of calculating net income, expenses include all direct costs incurred by the University or the Member and paid or owed to an arms-length third party for obtaining and maintaining statutory protection for the intellectual property, developing a prototype for the intellectual property, and exploiting the intellectual property for commercial gain. Expenses will not include any costs for time spent by the Member or by University employees in activities involving the commercial exploitation of intellectual property. (c) Any net income received by the University as a consequence of the exploitation of intellectual property under Article 25.3(a) will be distributed as follows: (i) sixty (60) percent will support general research and scholarly activities at the University and will be managed and allocated through the Nipissing University Research Council (NURC) granting process; and (ii) forty (40) percent will go into general revenue. (d) All net income resulting from copyright accrues to the Member, except in cases where the University has specifically commissioned the Member to produce a work that falls outside the Member’s research/scholarly/creative activities, service, and assigned teaching workload as defined by this Agreement. In such cases, the division of net income is determined by the terms of the contract between the University and the Member. (e) The University will receive no income from a Member’s intellectual property that is developed outside the course of the Member’s employment and which does not arise from University supported activities. University supported activities do not include the payment of salary to the Member and the provision of a normal academic environment in which to work. University supported activities do include the use of University funds, designated research facilities, and more than nominal assistance from support/technical personnel.

Income Generated from Intellectual Property. (a) All net income resulting from intellectual property (except copyright) developed in the course of a Member’s employment, which has not been funded by an external sponsor, will be divided as follows: (i) 1. When a Member at the Member’s his or her sole discretion and the Member’s his or her own expense has registered the intellectual property (for example, as a patent or a trademark) and has assumed the costs of the commercial exploitation of the intellectual property, the University will receive ten (10) percent of net income each year and the Member will receive ninety (90) percent of net income each year; or (ii) 2. When the University at its own expense has registered the intellectual property (for example, as a patent or a trademark) and has assumed the costs of the commercial exploitation of the intellectual property, the University will receive fifty (50) percent of net income each year and the Member will receive fifty (50) percent of net income each year. (b) For the purposes of dividing income under Article 25.3(a23.3(a), income will be net income (gross income less all expenses). For the purposes of calculating net income, expenses include all direct costs incurred by the University or the Member and paid or owed to an arms-length third party for obtaining and maintaining statutory protection for the intellectual property, developing a prototype for the intellectual property, and exploiting the intellectual property for commercial gain. Expenses will not include any costs for time spent by the Member or by University employees in activities involving the commercial exploitation of intellectual property. (c) Any net income received by the University as a consequence of the exploitation of intellectual property under Article 25.3(a23.3 (a) will be distributed as follows: (i) sixty (60) percent will support general research and scholarly activities at the University and will be managed and allocated through the Nipissing University Research Council (NURC) granting process; and (ii) forty (40) percent will go into general revenue. (d) All net income resulting from copyright accrues to the Member, except in cases where the University has specifically commissioned the Member to produce a work that falls outside the Member’s research/scholarly/creative activities, service, and assigned teaching workload as defined by this Agreement. In such cases, the division of net income is determined by the terms of the contract between the University and the Member. (e) The University will receive no income from a Member’s intellectual property that is developed outside the course of the Member’s employment and which does not arise from University supported activities. University supported activities do not include the payment of salary to the Member and the provision of a normal academic environment in which to work. University supported activities do include the use of University funds, designated research facilities, and more than nominal assistance from support/technical personnel.

Income Generated from Intellectual Property. (a) All net income resulting from intellectual property (except copyright) developed in the course of a Member’s employment, which has not been funded by an external sponsor, will be divided as follows: (i) 1. When a Member at the Member’s his or her sole discretion and the Member’s his or her own expense has registered the intellectual property (for example, as a patent or a trademark) and has assumed the costs of the commercial exploitation of the intellectual property, the University will receive ten (10) percent of net income each year and the Member will receive ninety (90) percent of net income each year; or (ii) 2. When the University at its own expense has registered the intellectual property (for example, as a patent or a trademark) and has assumed the costs of the commercial exploitation of the intellectual property, the University will receive fifty (50) percent of net income each year and the Member will receive fifty (50) percent of net income each year. (b) For the purposes of dividing income under Article 25.3(a22.3(a), income will be net income (gross income less all expenses). For the purposes of calculating net income, expenses include all direct costs incurred by the University or the Member and paid or owed to an arms-length third party for obtaining and maintaining statutory protection for the intellectual property, developing a prototype for the intellectual property, and exploiting the intellectual property for commercial gain. Expenses will not include any costs for time spent by the Member or by University employees in activities involving the commercial exploitation of intellectual property. (c) Any net income received by the University as a consequence of the exploitation of intellectual property under Article 25.3(a22.3 (a) will be distributed as follows: (i) sixty (60) percent will support general research and scholarly activities at the University and will be managed and allocated through the Nipissing University Research Council (NURC) granting process; and (ii) forty (40) percent will go into general revenue. (d) All net income resulting from copyright accrues to the Member, except in cases where the University has specifically commissioned the Member to produce a work that falls outside the Member’s research/scholarly/creative activities, service, and assigned teaching workload as defined by this Agreement. In such cases, the division of net income is determined by the terms of the contract between the University and the Member. (e) The University will receive no income from a Member’s intellectual property that is developed outside the course of the Member’s employment and which does not arise from University supported activities. University supported activities do not include the payment of salary to the Member and the provision of a normal academic environment in which to work. University supported activities do include the use of University funds, designated research facilities, and more than nominal assistance from support/technical personnel.