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Gordon State College Statutes

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Chapter 5. Intellectual Property

5.1 Overview

In all cases Gordon State College is subject to the policies of the University System of Georgia and its Board of Regents with regard to intellectual property.

Gordon State College is dedicated to teaching, research, and the extension of knowledge to the public. Two of its major objectives are the production of new knowledge and the dissemination of both old and new knowledge. Inherent in these objectives is the need to encourage the development of new and useful devices and processes, the publication of scholarly works, and the development of computer software. Such activities (1) contribute to the professional development of the Faculty, staff or students involved, (2) enhance the reputation of Gordon State College and the University System of Georgia, (3) provide additional educational opportunities for participating students, and (4) promote the general welfare of the public at large.

In general, patentable and copyrightable materials that are solely the product of an employee’s work and that do not involve the use of more than incidental institutional resources remain entirely under the control of the employee. Patentable and copyrightable materials developed as part of an employee’s regular duties and involving the use of significant institutional resources fall within the purview of the Intellectual Property Committee.

Intellectual property subject to this policy generally falls into three categories:

5.1.1. Sponsor-Supported Efforts

The grant or contract between the sponsor and Gordon State College, under which Intellectual Property is produced, may contain specific provisions with respect to disposition of rights to these materials. The sponsor may specify that the materials be placed in the public domain, may claim reproduction, license-free use, or other rights, or may assign all rights to Gordon State College. In those cases where royalty income is realized by Gordon State College, the inventor or creator may appropriately share in the royalty income. The nature and extent of inventor or creator participation in royalty income, however, shall be subject to sponsor and Gordon State College regulations.

5.1.2. Institution-Assigned Efforts

Ownership of Intellectual Property developed as a result of assigned institutional effort shall reside with Gordon State College; however, sharing of royalty income with the inventor or creator is authorized as an incentive to encourage further development of Intellectual Property. The nature and extent of inventor or creator participation in royalty income, however, shall be subject to Gordon State College regulations.

5.1.3. Institution-Assisted Individual Effort

Ownership of Intellectual Property developed by Faculty, staff or students of the institution where Gordon State College provides support of their efforts or use of Gordon State College resources in more than a purely incidental way (unless such resources are available without charge to the public) shall be shared by the inventor or creator and the institution. Gordon State College shall not construe the provision of office space, use of email accounts, access to library resources, or office computers as constituting more than incidental institutional resources. The nature and extent of inventor or creator participation in royalty income, however, shall be subject to Gordon State College regulation.

5.2 Institutional Procedures

Faculty, staff, and students shall promptly report to the Provost and Vice President of Academic Affairs in writing any intellectual property invented or created by them which is reasonably likely to fall within the domain of this policy.

The President shall then appoint an institutional Intellectual Property committee, consisting of no fewer than three or more than nine members, one of whom shall be designated by the President to serve as Chair. In each case the committee shall include a representative of the Office of Business Affairs. The committee shall meet as necessary, and shall act in an advisory capacity to the President or his/her designee.

The purpose of the Intellectual Property committee shall be to recommend to the President or his or her designee the rights and equities in intellectual property created by Faculty, staff, or students of the institution and subject to this policy.