Comprehensive Standards: Institutional Mission, Governance, and Effectiveness 3.2.14 (intellectual property policies)
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.  This applies to students, faculty and staff. 

Compliance
North Carolina State University is in compliance with this standard.

Explanation
The University of North Carolina Patent and Copyright Policy (UNCPCP) provides guidance to NC State University with respect to ownership and management of intellectual property, and these policies apply to students, faculty and staff (Article III).  These policies govern copyrights and patents. 

Copyrights

Policy on management of copyrights begins with UNCPCP Article XII.  Generally, copyright in traditional works of scholarship is held by the author(s).  Other works may be owned either by the author or the constituent institution, depending on several factors, such as whether university resources were used in the work’s creation, whether it was done as part of the author’s coursework, and so on.  Under the general guidance of UNCPCP, NC State University has enacted its own Copyright Implementation Pursuant to Copyright Use and Ownership Policy of the University of North Carolina.    

 

NC State University’s implementation of this policy refines and focuses issues of the ownership and use of copyrights created by NC State students, faculty and staff especially in respect to the sharing of income from the commercialization of copyrighted works (Article VI. A2). 

The university’s copyright implementation regulation also provides a means of resolving any disputes regarding copyright through a Copyright

Committee, which is composed of four faculty, two staff, and one graduate student (Article IV). This committee is appointed by and advisory to the provost, who has final authority for these matters.

Patents

The patent portion of UNCPCP begins with Article IV.  It states that if university resources are used during the invention process—whether by faculty, staff or other employees—the patentable invention is owned by the university.  Further, UNCPCP states that the inventor must get at least 15% of the gross income from the commercialization of patents (Article V).

 

As with copyrights, NC State University implemented its own patent procedures policy.  NC State University’s patent procedures provide that the inventor(s) receive 25% of the gross income from the commercialization of patented inventions (Article VII).  This procedure is in the final stages of revision and the new policy and administrative regulations will increase the inventors’ share of the commercialization income to 40%.

 

NC State’s patent policy provides that any patent disputes are to be resolved by the university’s patent committee, which is appointed by the chancellor and chaired by the vice chancellor for research and graduate studies.  Currently, this committee is composed entirely of faculty members. 

 

References

• NC State University patent procedures (http://www.ncsu.edu/policies/research/POL500.00.1.php)

• NC State University regulation concerning copyright implementation and ownership (http://www.ncsu.edu/policies/governance_admin/gov_gen/REG01.25.3.php)

• The University of North Carolina Patent and Copyright Polices (http://www.northcarolina.edu/content.php/legal/policymanual/500.2.pdf) 

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