Common use of INTELLECTUAL PROPERTY AND PATENTS Clause in Contracts

INTELLECTUAL PROPERTY AND PATENTS. 27.1 Intellectual property consists of inventions, publications, computer software, courseware, works of art and music, data bases, lecture notes, laboratory manuals, articles, books, as well as all other creations that can be protected under patent, copyright, trademark or similar laws. 27.2 Copyright is owned by the members who create intellectual property, except in either of the following cases: 27.2.1 where there is a written contract to the contrary between the member, the Employer, and/or a third party which assigns some or all ownership rights of the intellectual property to the Employer or the third party. The member shall negotiate such an agreement with the assistance of a representative of the Faculty Association; 27.2.2 where the Employer provides funds, resources, and facilities to the member beyond those required for the payment of the member’s salary and benefits or for the provision of a normal academic environment in which to work, in which case the member shall, with the assistance of a representative of the Faculty Association, come to agreement with the Vice-President (Academic) on sharing ownership rights to the intellectual property with the Employer. 27.3 The Employer has a non-exclusive, royalty-free, irrevocable, indivisible, and non- transferable right to retain for archival purposes and to use for internal educational and research purposes only any intellectual property developed by members with the use of the Employer’s time, facilities, and resources. Such right shall not include the right to transfer, license, exploit or use the intellectual property for distance education or for any purpose other than the internal use of the University. 27.4 Members have intellectual and artistic freedom in the creation of intellectual property and the right to disseminate the intellectual property which they own. Such right shall not include the right to transfer, licence, exploit, or use intellectual property developed and/or delivered through the Department of Distance Learning and Continuing Education under the terms of Article 25 without the agreement of the Employer.

INTELLECTUAL PROPERTY AND PATENTS. 27.1 Intellectual property consists of inventions, publications, computer software, courseware, works of art and music, data basesdatabases, lecture notes, laboratory manuals, articles, books, as well as all other creations that can be protected under patent, copyright, trademark trademark, or similar laws. 27.2 Copyright is owned by the members who create intellectual property, except in either of the following cases: 27.2.1 where there is a written contract to the contrary between the member, the Employer, and/or a third party which assigns some or all ownership rights of the intellectual property to the Employer or the third party. The member shall negotiate such an agreement with the assistance of a representative of the Faculty Association; 27.2.2 where the Employer provides funds, resources, and facilities to the member beyond those required for the payment of the member’s salary and benefits or for the provision of a normal academic environment in which to work, in which case the member shall, with the assistance of a representative of the Faculty Association, come to agreement with the Vice-President (Academic) Academic and Xxxxxxx on sharing ownership rights to the intellectual property with the Employer. 27.3 The Employer has a non-exclusive, royalty-free, irrevocable, indivisible, and non- transferable right to retain for archival purposes and to use for internal educational and research purposes only any intellectual property developed by members with the use of the Employer’s time, facilities, and resources. Such right shall not include the right to transfer, license, exploit exploit, or use the intellectual property for distance education or for any purpose other than the internal use of the University. 27.4 Members have intellectual and artistic freedom in the creation of intellectual property and the right to disseminate the intellectual property which they own. Such right shall not include the right to transfer, licence, exploit, or use intellectual property developed and/or delivered through the Department of Distance Teaching and Learning Centre and Continuing Education Online Learning (TLCOL) under the terms of Article 25 without the agreement of the Employer.

INTELLECTUAL PROPERTY AND PATENTS. 27.1 Intellectual property consists of inventions, publications, computer software, courseware, works of art and music, data bases, lecture notes, laboratory manuals, articles, books, as well as all other creations that can be protected under patent, copyright, trademark or similar laws. 27.2 Copyright is owned by the members who create intellectual property, except in either of the following cases: 27.2.1 where there is a written contract to the contrary between the member, the Employer, and/or a third party which assigns some or all ownership rights of the intellectual property to the Employer or the third party. The member shall negotiate such an agreement with the assistance of a representative of the Faculty Association; 27.2.2 where the Employer provides funds, resources, and facilities to the member beyond those required for the payment of the member’s salary and benefits or for the provision of a normal academic environment in which to workwo rk, in which case the member shall, with the assistance of a representative of the Faculty Association, come to agreement with the Vice-President (Academic) on sharing ownership rights to the intellectual property with the Employer. 27.3 The Employer has a non-exclusive, royalty-free, irrevocable, indivisible, and non- transferable right to retain for archival purposes and to use for internal educational and research purposes only any intellectual property developed by members with the use of the Employer’s time, facilities, and resources. Such right shall not include the right to transfer, license, exploit or use the intellectual property for distance education or for any purpose other than the internal use of the University. 27.4 Members have intellectual intellectua l and artistic freedom in the creation of intellectual property and the right to disseminate the intellectual property which they own. Such right shall not include the right to transfer, licence, exploit, or use intellectual property developed and/or delivered through the Department of Distance Learning and Continuing Education under the terms of Article 25 without the agreement of the Employer.