The worker undertakes to transfer to the employer all current and future rights, titles and interests on all intellectual property rights (“intellectual property”) created or discovered during their employment. Intellectual property, but not limited to algorithms, code, concepts, developments, designs, discoveries, ideas, formulas, improvements, inventions, processes, software, brands and trade secrets. Intellectual property also includes tangible forms of achievement (for example. B drawings, notes) of intangible objects. The Committee makes an initial assessment of whether the college or university or any other party has rights to the invention or any other creation and, if so, the basis and extent of those rights. The Committee also makes a decision on the solution of competing property rights in the faculties if the parties fail to reach an agreement on their own. The funds that the faculty member receives from the sale of the intellectual property of the author or inventor of the faculty are allocated and spent according to the exclusive decision of the author or inventor of the faculty. [Note on computer software: computer programs enter a gray area between the two types of intellectual property. Programs that are part of a “new and useful procedure” may be granted patent protection, while programs that represent a minimally completed original term are eligible for copyright protection.] Intellectual property that existed prior to the employee`s employment, for which the employee has a right, title or interest (together the “previous inventions”), remains the exclusive property of the employee. The staff member agrees that all previous inventions should be included in section 2. If no previous invention is mentioned in this section 2, the employee indicates that there are no previous inventions.
Please read the legal disclaimer in case of www.ipag.at/projekt/download before using the IPAG model agreements. Intellectual property created, manufactured or created by a faculty member is the exclusive and exclusive property of the faculty, author or inventor, unless he or she may voluntarily decide to transfer all or part of that property. AAUP adopted a Commission-approved Declaration of Principle on Copyright (approved by the Council in June 1999), but has not formally addressed patent issues. The declaration of copyright assumes that the faculty member (or members) who create the intellectual property owns the intellectual property. [“The dominant academic practice was to treat the faculty member as the owner of copyrights of works created independently and at the initiative of the faculty member for traditional academic purposes.” AAUP Statement on Copyright.] Although this assumption also applies to the patent field, there is a practice in the academic context of entering into agreements between higher education and university institutions and faculty inventors, which provide a detailed means of splitting revenues from the commercial application of patented inventions.