PATENTS AND COPYRIGHT. 7.5.1.1 When one or more Employees have been hired (full or part-time) in an appointment solely to create and produce a specific, tangible product for the Institute, or
7.5.1.2 When one or more Employees are given specifically defined Release Time (full or part-time) from usual duties, including voluntary release from activities which would otherwise be done during an Employee's month free of teaching, solely to create and produce a specific tangible product for the Institute, or
7.5.1.3 When one or more Employees are paid in addition to their regular rate of pay for their time (or a flat rate), in an appointment solely to produce a specific tangible product for the Institute (such payment to be subject to negotiation between the Parties), the product shall be the property of the Institute. The provisions of Articles 7.5.2, 7.5.3, 7.5.4, & 7.5.5 shall apply.
PATENTS AND COPYRIGHT. 36:01 The provisions contained in this Article 36 shall be applicable to both Article 34 and Article 35.
36:02 The University shall not enter into any agreement to subcontract the services of any member of the bargaining unit to any third party whatsoever for the purposes of the writing, editing, or production of recorded works or any consultation pertaining thereto without securing to the members of the bargaining unit all the rights, privileges and benefits accorded to them in Articles 34 and 35. If the University violates this clause 36:02, this Agreement to subcontract shall not apply to members of the bargaining unit unless there is an agreement in writing between the University and the Association to waive this clause 36:02.
36:03 A member may waive any fee or royalty to which she/he may be entitled under Articles 34 and 35. Any such waiver shall be in writing and shall be limited to the occasion and the user specified in the said writing. A copy of the waiver shall be provided to the Association.
36:04 Any time prescribed by Article 34 or 35 may be enlarged or abridged by written consent of the member concerned and the written consent of the University.
36:05 When any document or other material is required by Article 34 or 35 to be delivered it shall be deemed to be delivered as required when sent by registered mail addressed to the appropriate recipient or when delivered to the appropriate recipient personally. Where sent by registered mail, the date of delivery shall be the date of registration.
36:06 Unless otherwise mutually agreed to by the member and the University, when a member or former member dies, her/his estate, heirs and beneficiaries shall retain all her/his rights and responsibilities under Articles 35 and 36.
PATENTS AND COPYRIGHT. [Please see Appendix I – Letter of Understanding re. Intellectual Property Rights, Patents and Copyright.]
(a) The Employer will hold the patent rights for any invention, improvement, design or development produced in the course of the Member's employment or with the use of University facilities, support or technical personnel or services.
(b) The Member will give notice to the Employer of any patent application in which the Member has an interest.
(c) Within ninety (90) days of complete disclosure and warranting by the Member, the Employer will advise the Member of its intent to apply for a patent. Such application is at the Employer's expense, and the Member will cooperate fully in making the application.
(d) Members will receive half of any net proceeds of exploitation derived from the commercialization of patents which they have assigned to the University.
(e) If the Employer does not elect to apply for a patent, it will notify the Member within the same time period as in Article 36.4, and all rights will revert to the Member, except that the Member will be deemed to have granted the Employer a royalty-free, irrevocable and non-transferable license to use the invention, improvement, design or development for University purposes.
(f) The Employer will use at least sixty (60%) of its share of any net proceeds of exploitation derived from inventions to support research and scholarly activities.
36.2 The Employer waives, disclaims and abandons any interest in or claim to any invention, improvement, design or development made by a Member without the use of the University's funds, facilities or support or technical personnel, or not in the course of the Member's employment. Such inventions and patents arising therefrom will be the sole property of the Member who is the inventor.
PATENTS AND COPYRIGHT. 16.1 Copyright in all drawings, specifications and other technical information provided by the Company concerning the Contract is vested in the Company.
16.2 If the Goods are to be supplied to the Customer’s design, the Customer warrants that the manufacture and supply of the Goods by the Company will not infringe any patent, copyright, registered design or other rights of any other person. The Customer agrees to indemnify the Company against any liability it incurs (including any costs and expenses) as a result of any claim that the manufacture or supply of the Goods by the Company infringes any patent, copyright, registered design or other rights of any other person.
PATENTS AND COPYRIGHT. A. In the event any invention or discovery is made by Employee in connection with the Agreement, Employee agrees to assign all rights, title and interest in said invention or discovery to EMU; and Employee shall furnish EMU with complete information with respect thereto and EMU shall have the sole power to determine whether and where a patent application shall be filed and the disposition of title and all rights under any application or patent that may result. Employee will, at EMU’s expense, execute all documents and do all things necessary or proper with respect to such patent application.
B. Whenever any copyright is secured in connection with the publication of the results of research financed by this Agreement, title and all rights to such copyright will vest in EMU and Employee agrees to assign to EMU all rights, title and interest in any copyrightable materials developed pursuant to this Agreement.
C. If this Agreement is funded under Prime Contract or Grant that provides a different disposition for Items A and B above, the contract or grant will govern.
PATENTS AND COPYRIGHT. A. In the event any invention or discovery is made by Employee in connection with the Agreement, Employee agrees to assign all rights, title and interest in said invention or discovery to EMU; and Employee shall furnish EMU with complete information with respect thereto and EMU shall have the sole power to determine whether and where a patent application shall be filed and the disposition of title and all rights under any application or patent that may result. Employee will, at EMU’s expense, execute all documents and do all things necessary or proper with respect to such patent application. EC contract.doc Revised: 11/18/2020 Eastern Michigan University
B. Whenever any copyright is secured in connection with the publication of the results of research financed by this Agreement, title and all rights to such copyright will vest in EMU and Employee agrees to assign to EMU all rights, title and interest in any copyrightable materials developed pursuant to this Agreement.
C. If this Agreement is funded under Prime Contract or Grant that provides a different disposition for Items A and B above, the contract or grant will govern.
PATENTS AND COPYRIGHT. Service Provider agrees that the articles, materials or reports delivered under this Agreement to the best of Service Provider’s knowledge do not infringe any valid patent or copyright.
PATENTS AND COPYRIGHT a. whenever any invention or discovery is made or conceived, by the Design Professional in the course of or in connection with this Agreement, the Design Professional shall furnish the Owner with complete information regarding the invention or discovery. The Owner shall have the sole power to determine whether, and where, a patent application shall be filed and to determine the disposition of title to and all rights under any application or patent that may result. The Design Professional shall, at the Owner’s expense, execute all documents and do all things necessary or proper with respect to such patent application.
PATENTS AND COPYRIGHT. 13.1 The Employer reserves the right to retain all and/any right due any patents or copy right due any inventions, designs, discoveries, improvements as made, discovered or conceived by the Employee during his/her employment with the Employer whether wholly or partly, and whether in connection with of incidental to his/her employment with the Employer, and which may relate to, or be in connection with or be useful to the business carried out by the Employer whether or not during normal working hours and whether or not at the Employer’s premises.
13.2 Such patents or copyrights will not be limited to any particular area or country and the Employer retains the right to alter, modify, adapt or change any designs, processes and methods of any such patents or copy rights.
13.3 The Employee may not copy, print or publish any of the Employer’s methods, processes, proceedings relating to the business of the Employer, unless permission has been granted by the Employer to do so.
13.4 Should the Employee, within 1 (one) year after termination of his/her employment with the Employer, either alone or jointly with others, originate, invent, or design any industrial property in relation to any product or process upon which he/she worked or which came to his/her attention during the last 2 (two) years of his/her employment or on which a copyright had been obtained, such industrial property or the Employee’s interest therein will automatically vest in the Employer.
13.5 The Employee hereby binds himself/herself and undertakes that he/she will:
a) Immediately communicate full details of such Industrial Property to the Employer and no other person.
b) Without expense to the Employee, sign all such documents and do all such acts as may be required by the Employer in order to vest formal title in such Industrial Property in the Employer and/or to enable the Employer to apply for local or foreign patents, registered designs or trademarks in respect thereof.
c) In those countries in which a patent or design application may only be filed in the name of the inventor or author, he/she will at request of the Employer but at the latter’s expense, sign the documents as may be required by the Employer to enable a patent or design application to be filed therein and in respect of such industrial property and subsequently to assign the same to the Employer.
PATENTS AND COPYRIGHT.
15.13.1 Whenever any invention or discovery is made or conceived by the Design Professional in the course of or in connection with this Agreement, the Design Professional shall furnish the Owner with complete information regarding the invention or discovery and the Owner shall have the sole power to determine whether and where a patent application shall be filed and to determine the disposition of title to and all rights under any application or patent that may result. The Design Professional shall, at the Owner’s expense, execute all documents and do all things necessary or proper with respect to such patent application.
15.13.2 Whenever any copyright is secured in connection with any work performed under this Agreement, (including the transcription or publication of the results of research financed by this Agreement,) title and all rights to such copyright will vest in the Owner.
15.13.3 If this Agreement is funded under a government prime contract or grant, which provides a different disposition for Items a. and b. above, the contract or grant, as appropriate, will govern.
15.13.4 The Design Professional to the best of its knowledge, information and belief warrants that the Design Professional’s and/or the Owner’s use of products, process, techniques and methodologies recommended by the Design Professional or developed by the Design Professional shall not infringe upon the copyright, patent or other proprietary rights of others. Regardless of the Design Professional's knowledge, information or belief, however, the Design Professional shall defend and indemnify the Owner against, and hold it harmless from, any and all loss, liability or damages it suffers or incurs as a result of or in connection with a claim that any aspect of the Design Professional's work infringes upon the copyright, patent or other proprietary rights of others.
