Common use of Intellectual Property Rights Resolution Board Clause in Contracts

Intellectual Property Rights Resolution Board. A. An Intellectual Property Rights Resolution Board shall be empowered to provide internal resolution procedures in the case of a dispute of the ownership of intellectual property. 1. The resolution of ownership disputes by the Board shall be limited to the determination of the ownership of intellectual property, and that determination shall be based primarily, but not exclusively, on the extent to which interested parties generated the intellectual property upon which the ownership question rests. If no prior agreement has been reached between the parties on ownership rights to the intellectual property in question and the University or any Faculty collaborator wishes to assert rights of ownership, the University or the Faculty member may request such determination by the Intellectual Property Rights Resolution Board. 2. The Board shall resolve disputes arising from the failure of one or more of the parties to fulfill the terms of an agreement. In the case that the Board finds that one or more of the parties failed to meet its obligations, the Board may recommend a new distribution of ownership rights and subsequent use. 3. The Board shall be empowered to request any and all parties to submit evidence related to each case and to seek testimony from witnesses. The Board shall establish regularly scheduled sessions for hearing cases and may adopt such rules and regulations for hearing and deciding cases that are consistent with this Article. These rules and regulations shall be made available by the Board to the Association, to the University and to the parties to a specific case. 4. By engaging in these procedures, neither a Faculty member nor the University waives other rights described elsewhere in this Agreement or as provided by applicable state and federal law. B. The Board shall consist of three (3) members of the University administration appointed by the Vice President and Xxxx for Research and Graduate Studies and three (3) Faculty members appointed by the Association. 1. The Chair of the Board shall be determined annually by the Board members. 2. The term of Faculty members shall be three years except that the initial appointments shall be for staggered terms. The terms of all Board members shall begin with the Fall Semester of the Academic Year except that if a case is being heard the Board as constituted at the start of the case shall hear the case to its conclusion. 3. The Board shall report to the Vice President and Xxxx for Research and Graduate Studies. C. In considering a dispute as to ownership rights, the Board shall hear all evidence relating to a case and render a majority decision. Accordingly, the procedures at the hearing shall be informal and nonadversarial in nature. All persons and parties necessary to a full and complete hearing should be present. However, none of the parties to the case may be represented by legal counsel. A party may be represented by other members of the academic administration or by members of the Faculty who may act in an advisory role to the party. D. After hearing the case, the Board shall render a determination of the ownership rights of each party to the intellectual property in question. Each party shall receive in writing notice of this determination. An appeal by either party of such determination by the Board shall be directed, in writing, to the Xxxxxxx for final determination within the University. E. All policies, procedures and responsibilities of the Patent and Copyright Board not modified in this Section shall remain as stated in University Policy 5-09.1, as in effect January 1, 1999, and apply to the Intellectual Property Rights Resolution Board.

Intellectual Property Rights Resolution Board. A. An Intellectual Property Rights Resolution Board shall be empowered to provide internal resolution procedures in the case of a dispute of the ownership of intellectual property. 1. The resolution of ownership disputes by the Board shall be limited to the determination of the ownership of intellectual property, property and that determination shall be based primarily, but not exclusively, on the extent to which interested parties generated the intellectual property upon which the ownership question rests. If no prior agreement has been reached between the parties on ownership rights to the intellectual property in question and the University or any Faculty collaborator wishes to assert rights of ownership, the University or the Faculty member may request such determination by the Intellectual Property Rights Resolution Board. 2. The Board shall resolve disputes arising from the failure of one or more of the parties to fulfill the terms of an agreement. In the case that the Board finds that one or more of the parties failed to meet its obligations, the Board may recommend a new distribution of ownership rights and subsequent use. 3. The Board shall be empowered to request any and all parties to submit evidence related to each case and to seek testimony from witnesses. The Board shall establish regularly scheduled sessions for hearing cases and may adopt such rules and regulations for hearing and deciding cases that are consistent with this Article. These rules and regulations shall be made available by the Board to the Association, to the University and to the parties to a specific case. 4. By engaging in these procedures, neither a Faculty member nor the University waives other rights described elsewhere in this Agreement or as provided by applicable state and federal law. B. The Board shall consist of three (3) members of the University administration appointed by the Vice President and Xxxx for Research and Graduate Studies and three (3) Faculty members appointed by the Association. 1. The Chair of the Board shall be determined annually by the Board members. 2. The term of Faculty members shall be three years except that the initial appointments shall be for staggered terms. The terms of all Board members shall begin with the Fall Semester of the Academic Year except that if a case is being heard the Board as constituted at the start of the case shall hear the case to its conclusion. 3. The Board shall report to the Vice President and Xxxx for Research and Graduate Studies. C. In considering a dispute as to ownership rights, the Board shall hear all evidence relating to a case and render a majority decision. Accordingly, the procedures at the hearing shall be informal and nonadversarial in nature. All persons and parties necessary to a full and complete hearing should be present. However, none of the parties to the case may be represented by legal counsel. A party may be represented by other members of the academic administration or by members of the Faculty who may act in an advisory role to the party. D. After hearing the case, the Board shall render a determination of the ownership rights of each party to the intellectual property in question. Each party shall receive in writing notice of this determination. An appeal by either party of such determination by the Board shall be directed, in writing, to the Xxxxxxx for final determination within the University. E. All policies, procedures and responsibilities of the Patent and Copyright Board not modified in this Section shall remain as stated in University Policy 5-09.1, as in effect January 1, 1999, and apply to the Intellectual Property Rights Resolution Board.

Intellectual Property Rights Resolution Board. A. a. An Intellectual Property Rights Resolution Board shall be established and empowered to provide internal resolution procedures in the case of a dispute of the ownership of intellectual property, or other interpretations of this policy. 1. The resolution of ownership disputes by the Board shall be limited to the determination of the ownership of intellectual property, and that determination shall be based primarily, but not exclusively, on the extent to which interested parties generated the intellectual property upon which the ownership question rests. (i) If no prior agreement has been reached between the parties on ownership rights to the intellectual property in question and the University or any Faculty collaborator wishes to assert rights of ownership, the University or the Faculty member may request such determination by the Intellectual Property Rights Resolution Board. 2. (ii) The Board shall resolve disputes arising from the failure of one or more of the parties to fulfill the terms of an agreement. In the case that the Board finds that one or more of the parties failed to meet its obligations, the Board may recommend a new distribution of ownership rights and subsequent use. 3. (iii) The Board shall be empowered to request any and all parties to submit evidence related to each case and to seek testimony from witnesses. The Board shall establish regularly scheduled sessions for hearing cases and may adopt such rules and regulations for hearing and deciding cases that are consistent with this Articlepolicy. These rules and regulations shall be made available by the Board to the AssociationBoard, to the University University, and to the parties to a specific case. 4. (iv) By engaging in these procedures, neither a Faculty member nor the University waives other rights described elsewhere in this Agreement or as provided by the collective bargaining agreement between the University and the American Association of University Professors (AAUP) and applicable state and federal law. B. b. The Board shall consist of three (3) members of the University administration appointed by the Vice President and Xxxx for Research and Graduate Studies Xxxxxxx and three (3) Faculty members appointed by the AssociationAAUP. 1. (i) The Chair of the Board shall be determined annually by the Board members. 2. (ii) The term of Faculty members shall be three years years, except that the initial appointments shall be for staggered terms. The terms of all Board members shall begin with the Fall Semester fall semester of the Academic Year academic year except that if a case is being heard heard, the Board Board, as constituted at the start of the case case, shall hear the case to its conclusion. 3. (iii) The Board shall report to the Vice President and Xxxx for Research and Graduate StudiesXxxxxxx. C. c. In considering a dispute as to ownership rights, the Board shall hear all evidence relating to a case and render a majority decisioncase. Accordingly, the procedures at the hearing shall be informal and nonadversarial non-adversarial in nature. All persons and parties necessary to a full and complete hearing should be present. However, none of the parties to the case may be represented by legal counsel. A party may be represented by other members of the academic administration or by members of the Faculty who may act in an advisory role to the party. D. d. After hearing the case, the Board shall render a determination of the ownership rights of each party to the intellectual property in question. Each party shall receive in writing notice of this determination. An appeal by Should the Board fail to reach a majority determination or should either party of disagree with any such determination by the Board determination, an appeal shall be directed, in writing, to the Xxxxxxx for final determination within the University. E. All policies, procedures and responsibilities of the Patent and Copyright Board not modified in this Section shall remain as stated in University Policy 5-09.1, as in effect January 1, 1999, and apply to the Intellectual Property Rights Resolution Board.