Policies
ECU Intellectual Property and Related Policies
Copyright Policy
REG10.40.02 Current Version
Authority: Chancellor
History: First Issued – Aug. 6, 2002; Last Revised – Aug. 2, 2013
Related Policies: UNC Policy 500.2 – Patent and Copyright Policies; UNC Policy 500.2.1[R] – Regulations for Establishing a Copyright Use and Ownership Policy; POL10.40.01 – East Carolina University Patent Policy; RUL 08.05.04 – University Student and Employee Computer Use Policy
Additional Resources: U. S. Copyright Laws, Title 17 of the United States Code N.C.G.S. \A7116-34 – Duties of Chancellor of Institution ECU Disclosure Form for Copyright Ownership Determination Independent Contractor Copyright Clause Volunteer Agreement on Copyright ECU Copyright Resources ECU IT Policies, Regulations and Guidelines – Academic Computer Use Policy ECU Graphics and Licensing Standards ECU Policy Regarding Commercial Exploitation of Classroom Materials
Contact Information: Vice Chancellor for Research and Graduate Studies, 252-328-9471
Patent Policy
POL10.40.01 Current Version
Authority: Board of Trustees
History: First issued – March 1984; Revised – Aug. 27, 2012; Dec. 5, 2012; Interim posted – April 16, 2013; BOT final approved – July 18, 2013
Related Policies: UNC Policy 500.2 – Patent and Copyright Policies; UNC Policy 300.2.2 – Conflicts of Interest and Commitment Affecting Faculty and Nonfaculty EPA Employees UNC Code: Appendix; UNC Policy 500.6 University Equity Acquisition Policy; REG10.40.02 East Carolina University Copyright; ECU Faculty Manual Part VIII, (II) Policy on Conflicts of Interest and Commitment and External Activities of Faculty and Other Professional Staff
Additional Resources: U.S. Patent Laws 35 U.S.C. \A7\A7 1-376ECU Patent Assignment Agreement
Contact Information: Director of Innovations and New Ventures, 252-328-9549
ECU Equity Acquisition Policy
Authority: Executive Council
History: Adopted May 2008
Related Policies: UNC Policy Manual 300.2.2 Conflicts of Interest and Commitment Affecting
Faculty and Non-Faculty EPA Employees; UNC Policy Manual 300.6.1.2[G] – Guidelines on External Professional Activities of Faculty and Other Professional Staff; UNC Policy Manual 500.2 – Intellectual Property – Patent and Copyright Policies; UNC Policy Manual 500.6 – University Equity Acquisition Policy; ECU Faculty Manual Appendix I – ECU Policy on Conflicts of Interest and Commitment; ECU Faculty Manual Part VI(V) – External Professional Activities of Faculty and Other Professional Staff; ECU Faculty Manual Part VII(II) – Patent Procedures of East Carolina University; ECU Faculty Manual Part VII(III) – East Carolina University Copyright Policy
Additional References: N.C. Gen. Stat. § 14 – 234, Public Officers or Employees Benefiting from Public Contracts
Contact Information: Innovation and New Ventures (252-328-9549); Office of the University Attorney, 252-328-6940
License Income Distribution
POL10.40.01
Authority: Board of Trustees
History: First issued – March 1984; Revised – Aug. 27, 2012; Dec. 5, 2012; Interim posted – April 16, 2013; BOT final approved – July 18, 2013
Related Policies: UNC Policy 500.2 – Patent and Copyright Policies; UNC Policy 300.2.2 – Conflicts of Interest and Commitment Affecting Faculty and Nonfaculty EPA Employees; UNC Code: Appendix I; UNC Policy 500.6 University Equity Acquisition Policy; REG10.40.02 East Carolina University Copyright Regulation; ECU Faculty Manual Part VIII, (II) Policy on Conflicts of Interest and Commitment and External Activities of Faculty and Other Professional Staff
Additional References: U.S. Patent Laws 35 U.S.C. \A7\A7 1-37; ECU Patent Assignment Agreement
Contact: Innovation and New Ventures, 252-328-9549
Conflict of Interest and Commitments
Authority: Board of Governors
History: Approved – Senate Resolution No. 95-1, March 15, 1996; Amended- Faculty Senate Resolution No. 02-17, April 2002
Federal Bayh-Dole Act
The Bayh-Dole Act, passed by Congress in 1980, created a uniform patent policy among the U.S. federal agencies that fund research in the nonprofit and small business sectors. The act provides recipients of federal research funds with the right to retain ownership of their patents with the underlying tenet that federally funded inventions should be licensed for commercial development in the public interest. This principle is reflected in virtually all university policies whether or not the invention is federally funded.
Interagency Edison and Federal Reporting Requirements
Interagency Edison (iEdison) allows government grantees and contractors to report government-funded subject inventions, patents and utilization data via the web to the government agency that issued the funding award. Over 30 U.S. federal funding agency offices use iEdison, consistent with the Bayh-Dole Act, its implementing regulations and agency policies, including plant variety protection reporting.
Delegations for Contract Signature Authority
Did you know that only certain ECU officials are allowed to sign contracts, grants, cooperative agreements, confidentiality agreements, licenses, options, material transfer agreements and other documents? Check contract signature authorization before signing.
UNC System Intellectual Property and Related Policies
Equity Acquisition Policy
Constituent Institutions occasionally have the opportunity to acquire equity in companies in relation to inventions. Usually, equity agreements are structured to enhance technology transfer whenever cash reserves for new companies are not available for payment of intellectual property rights as the result of licensing or other transfer of technology. This policy has been designed to limit the issues of institutional conflicts of interest and conflicts of interest of inventors, departments, schools and technology transfer offices and officers. Decisions on when to convert equity into earnings should be made at “arm’s length” from the technology development and licensing offices to limit securities exchange violations.
Patent and Copyright Policies
The University of North Carolina is dedicated to instruction, research and extending knowledge to the public. It is the policy of the university to carry out its scholarly work in an open and free atmosphere and to publish results obtained there from freely. Research done primarily in anticipation of profit is incompatible with the aims of the university. The university recognizes, however, that patentable inventions sometimes arise in the course of research conducted by its employees and students using university facilities. The Board of Governors of the University of North Carolina System has determined that patenting and licensing of inventions resulting from the work of university personnel, including students, is consistent with the purposes and mission of the university. The aim of the patent policies of the university is to promote the progress of science and the useful arts by utilizing the benefits of the patent system consistent with the purposes for which it was established by Article I, Section 8, of the Constitution of the United States.
