Also on this site. Non-disclosure agreements. The employment contract. Intellectual property: the basics.
Structure your business Choose the right legal structure Set up as a sole trader Set up a business partnership Set up a limited company. Name your business How to choose the right name for your business Name your partnership Name your limited company Register your name as a trade mark. Register your business Register as a sole trader Register your business partnership Register your limited company.
Buy a business Buy an existing business Buy a franchise. Find money Choose the right finance when starting a business Check the finance options available Types of bank finance for businesses Types of non-bank finance. Manage money Plan and forecast your sales Understand cashflow forecasts Set up a profit and loss account Understand balance sheets How to manage cashflow Set up a record-keeping system. Choose your premises How to choose business premises Run your business from home Rent business premises Buy business premises.
Protect your business ideas Intellectual property - key steps for start-ups How to protect your intellectual property Get patent protection for your business.
Scholarly and Artistic Works. Except for textbooks, the University shall have royalty-free use of the Work within the University, unless otherwise agreed in writing. If the scholarly work is to be published, the Creator s shall request the right to provide the University with a royalty-free right to use the work within the University in its teaching, research, and service programs, but not for external distribution, and, if successful, the Creator s shall grant such right to the University.
Procedure : Upon acceptance of the scholarly work, the University will provide a royalty-free request form to be sent to the publisher by the Creator. Upon the establishment of national governmental or nonprofit entities whose purpose is to maintain in an electronically accessible manner a publicly available copy of academic manuscripts, the Kansas Board of Regents will review each entity and upon determination that providing the manuscripts will not jeopardize the publication of articles or infringe on academic freedom, require the Creator s to provide to the appropriate entity a limited license for the use of each manuscript.
Copyrightable Software. The University will establish a procedure for normally rendering a decision within 45 days that allocates rights to copyrightable software produced by substantial use of University resources. The ownership of student works submitted in fulfillment of academic requirements shall be with the Creator s with the following exception: upon request of the Creators, the University shall determine ownership of Copyrightable Works created from research or development activities that are collaborative efforts involving Students, Faculty or Staff, or spanning several semesters.
The University shall not have the right to use the Work in any other manner without the written consent of the Creator s. Where the creation is part of any ongoing research or development project, the involved faculty or staff shall have the right to use and to modify the creation for use within that project and related research projects without additional consent of the Creator s.
Procedure : A statement on accessibility to the University policy on intellectual property will be inserted in documents accessible to students. Ownership of Patentable Inventions and Copyrightable Software. The following regulations shall be followed with respect to Inventions or Copyrightable Software:.
Disclosure to the University. Commercialization Decision. The Bayh-Dole Act 35 USC ; 37 CFR Part restricts the commercialization of all inventions conceived or first actually reduced to practice in the performance of a federal grant, contract, or cooperative agreement.
If the University or KUCTC decides to not pursue commercialization of inventions that are the result of research funded in whole or in part by a federal agency, the right to commercialization passes to the federal agency that sponsored the research. In such case, however, the University does not relinquish its right to publish any of the data associated with the Invention or Copyrightable Software, providing that such Invention or Copyrightable Software resulted from Externally Sponsored Research, Institutionally Sponsored Research or from the Substantial Use of University Resources.
The University portion of the revenue shall be used to sponsor further research and research-related activities on behalf of the University or KUCTC. Revenue sharing shall begin only after the University or KUCTC recoups costs paid in support of obtaining revenue from the Invention, including costs of patents. Their departments and schools or centers will also divide the applicable percentage equitably. The Vice Chancellor for Research or designee retains the right to review the distribution and mediate among the parties.
When multiple disclosures are used to develop a single patent or license, then the income is split equally across the disclosures unless a different distribution is agreed upon by all those affected Inventors, department chairs, etc.
If the Invention is the result of Externally Sponsored Research and the sponsor regulates the distribution of income, such specific regulations shall take precedence over University policy with respect to distribution of the revenue.
In case of cooperative research sponsored in part by an outside corporation or individual, a written contract shall be made between the University or its designee and the cooperating agency.
This contract should include a statement of policy substantially equivalent to that outlined below:. It is agreed by the parties to this contract that all results of experimental work, including Inventions, carried on under the direction of the scientific staff of the University of Kansas, belong to the University of Kansas or at the discretion of the University of Kansas to its designee and to the public and shall be used and controlled so as to produce the greatest benefit to the public.
It is understood and agreed that if Inventions or Copyrightable Software grow out of the investigation and such Inventions or Copyrightable Software have commercial value, the cooperating agency shall receive preferential consideration as a prospective licensee, with a view to compensating said cooperating agency in part for the assistance rendered in the investigation.
It is further agreed that the name of the University of Kansas or its designee shall not be used by the cooperating agency in any advertisement, whether with regard to the cooperative agreement or any other related matter. In case of a research project where it is proposed that all costs including overhead, salary of investigator, reasonable rent on the use of equipment, etc.
The educational programs of students, including publication of theses, dissertations, and papers, will be given highest priority when students participate in externally funded research. Changes in the above policies may be made by the University to conform to the requirements of the United States Government when contracting with the United States Government or a Federal Government Agency. See policy statement on Externally Sponsored Research.
The University reserves the right to own, control, and protect the trademarks and service marks of the University. See Trademark Licensing Policy. The University shall establish procedures that require employment contracts and course catalogs or syllabi to state that all faculty and staff employees and students are subject to the Intellectual Property Policy of the University and to resolve questions concerning intellectual property rights and any disputes that develop under this policy.
Final decisions on disputed matters will be made by the Chancellor or designee and shall constitute final University action. Approved by:. Approved on:. Tuesday, May 15, Make sure they sign confidentiality agreements right at the outset, that ensure they are legally bound to keep it secret.
Subject to some exceptions the rights for new intellectual property generally belong to whoever creates it. Rights can be transferred to someone else eg by selling them. An employee's contract of employment should always deal with ownership or assignment of intellectual property rights created by them.
Careful consideration must be given to who is named as inventor on any patent application, to reduce the likelihood of an expensive compensation claim. If you use subcontractors - for example, to help develop new products or designs, or your website - ensure that the contracts with them are in writing and clearly state who will own any intellectual property created.
If you do not do this, the intellectual property in the work they do for you will belong to them, even though you have paid them for doing it. Perhaps the biggest pitfall comes in the area of enforcing your intellectual property rights.
Protecting your intellectual property requires you to actively identify and legally pursue others who are infringing your rights. Doing this in a cost-effective manner can be a significant challenge. However, this can be difficult. Better protection is provided by registering your business name as a trade mark. If another trader has registered your name, or one that is similar to it, as a limited company name, you may be able to object to a company names adjudicator, who can order the company to change its name.
You must show that you have goodwill in the name, and that either the limited company name is the same as your name, or so like yours that it is likely to mislead by suggesting a connection between the company and your business. Applications to the company names adjudicator are quick decided within weeks and inexpensive.
Costs may be ordered against the losing party. If they do not have a legitimate claim to the domain name for example, because it is the same as a trading name they have been using, and which has developed a reputation in their marketplace , you may be able to recover it using one of the internet domain name dispute resolution procedures. Alternatively, you may be able to take legal action against them if they are infringing your registered trade mark or 'passing off' misleading the public into thinking that the website is associated with you.
The contents of websites are covered by copyright. At the same time, ensure that your website is not infringing anyone else's copyright.
Do not include images or text which you do not have the rights to. If you want to link to another website ask the owner's permission. Make sure that any software you use to create or maintain the website is being used in accordance with the licence agreement.
The underlying databases that power your website may be protected by database rights see 2 if you have made a substantial investment in them in addition to the copyright protection you may enjoy for the actual contents of the database.
If you use an external designer to create your website, ensure that they transfer 'assign' all types of intellectual property rights that arise in the course of their work to you - in writing, or the assignment will not be effective. The first step is to identify your intellectual property, and ensure that you have applied for appropriate protection wherever necessary. Keep a record of what intellectual property you have, when it was created and what protection it has.
Include evidence of your rights to automatically protected property: dated and witnessed copies of original material, for example. This may help to deter others from infringing your rights. Actually detecting infringements may be relatively easy - for example, if you notice a new competitor using a name similar to your registered trade mark, or producing products which you think are covered by your patent.
0コメント