Compliance Certification Report

3.2.14
The institution’s policies are clear concerning ownership of materials, compensation, copyright issues, and the use of revenue derived from the creation and production of all intellectual property. These policies apply to students, faculty, and staff. (Intellectual Property Rights)
√ Compliant
Partially Compliant
Non-Compliant
Narrative:
Policies related to intellectual property at The University of Texas Medical Branch at Galveston are governed by The University of Texas System Board of Regents' Rules and Regulations, Series 90000, which is devoted to policies regarding intellectual property. “Intellectual property” is defined as “including, but not limited to, any invention, discovery, creation, know-how, trade secret, technology, scientific or technological development, research data, works of authorship, and computer software regardless of whether subject to protection under patent, trademark, copyright, or other laws.” These policies cover ownership of materials, compensation, copyright issues, and the use of revenue derived from the creation and production of all intellectual property. The intellectual property policy applies to all persons employed by the UT System and each component institution (including, but not limited to, full and part-time faculty and staff and visiting faculty members and researchers), to anyone using UT System facilities, to undergraduates, to candidates for master's and doctoral degrees, and to postdoctoral and pre-doctoral fellows. The Board of Regents has sole ownership of all intellectual property created by an employee, student, or other individual commissioned or hired specifically to produce such intellectual property by an institution or by an employee or student as part of an institutional project. However, the Board does not assert its interests in the copyright of scholarly or educational materials, artworks, musical composition, or literary works related to the author’s academic or professional field, regardless of the medium of expression. This includes copyrights in original software related to such items or integral to the presentation of their content (1).

The Regents’ Rules and Regulations also address intellectual property rights and obligation (2), equity interests (3), employee participation in business entities when there is no conflict of interest (4), execution of legal documents and who has authority to execute those documents on behalf of the Regents (5), and the use of income payable to the System and individuals subject to intellectual property rules and regulations (6).

Additionally, each component institution may provide in its Institutional Handbook of Operating Procedures additional policies covering intellectual property as long as such policies are not inconsistent with the board rules or other policies or procedures adopted by the board (2). UTMB’s Institutional Handbook of Operating Procedures incorporates the Regents' Rules and Regulations (7) and sets out UTMB policies as to conflict of interest and commitment (8).
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Source
1
Regents' Rules and Regulations, Series 90101, General Rules for Intellectual Property
www.utsystem.edu/bor/rules/90000Series/90101%202004%2012%2010%2001.doc
2
Regents' Rules and Regulations, Series 90102, Intellectual Property Rights and Obligations
www.utsystem.edu/bor/rules/90000Series/90102%202004%2012%2010%2001.doc
3
Regents' Rules and Regulations, Series 90103, Equity Interests
www.utsystem.edu/bor/rules/90000Series/90103%202004%2012%2010%2001.doc
4
Regents' Rules and Regulations, Series 90104, Business Participation and Reporting
www.utsystem.edu/bor/rules/90000Series/90104%202004%2012%2010%2001.doc
5
Regents' Rules and Regulations, Series 90105, Execution of Legal Documentation
www.utsystem.edu/bor/rules/90000Series/90105%202004%2012%2010%2001.doc
6
Regents' Rules and Regulations, Series 90106, Income from Intellectual Property
www.utsystem.edu/bor/rules/90000Series/90106%202004%2012%2010%2001.doc
7
UTMB Institutional Handbook of Operating Procedures, Section 1, Official Governance, Policy 1.1.2, Rules and Regulations of the Board of Regents
http://www.utmb.edu/Policies_And_Procedures/Official_Governance/PNP_004826
8
UTMB Institutional Handbook of Operating Procedures, Section 6, Compliance, Policy 6.1.12, Conflict of Interest and Commitment Policy
http://www.utmb.edu/Policies_And_Procedures/Search_Results/PNP_004823