AAUP adopted a political declaration on copyright (approved by the Council in June 1999), but did not formally address 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. When you assign intellectual property, it should always be done in writing by a formal agreement. Many IP rights cannot be properly assigned without a written document. Section 90 (3) of the Copyright, Designs and Patents Act 1988 states, for example, that “the assignment of copyright is effective only if it is signed in writing by the Oder on behalf of the assignee.” Given the changing legal environment and the evolution of treaties and IP policies, AAUP believes that the creation of an ongoing IP committee, representing both faculty and administration, would be useful in collective bargaining and non-collective collective bargaining. Such a committee could serve a wide range of objectives, including recording skills and administration on technological changes that will affect the legal, contractual and political context. Such a committee would play a role in policy development and would play a dispute resolution role. In the absence of such a general political commission, it is essential to set up a litigation commission with administrative and political representation. IPAG recommends the following model agreements, which can be used at different stages of technology research and marketing transactions. These agreements are available in English and German.
These include dispute resolution clauses relating to WIPO mediation and WIPO Expedited Arbitration. The parties to this agreement believe that the best way to serve the public interest is to create an intellectual environment in which creative efforts and innovations can be encouraged and rewarded, while for the college or university and its learning communities, appropriate access to intellectual property and its use of intellectual property, which the university or university has helped to create , is preserved.