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Comprehensive Standard: 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. This applies to students, faculty, and staff.
 
Compliance Rating: Compliance
 
Statement of Compliance: The University of Texas-Pan American’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.
 
Narrative: At The University of Texas-Pan American (UTPA), the policies on inventions, patents and copyright issues are addressed through the policies in The University of Texas (UT) System Board of Regents' Rules and Regulations, Series 90000. This series has six policies that address the issues of Intellectual Property. UTPA’s Handbook of Operating Procedures, Section 6.3.2, also sets forth general rules and procedures pertaining to patents and copyrights.
 
According to Regents' Rules and Regulations, Series 90101, Section 3, intellectual property includes, but is not limited to, “any invention, discovery, trade secret, technology, scientific or technological development, research data and computer software regardless of whether subject to protection under patent, trademark, copyright or other laws."
 
Regents' Rules and Regulations, Series 90102 discusses property rights and obligations. Series 90102, Sections 1 and 2 clearly state when intellectual property is the property of the creator and when it is owned by UT System or its institutions, for example, “Intellectual property either related to the area of expertise for which an individual was hired or resulting from activities performed on UT System time, or with support by State funds, or from using facilities owned by the UT System or any of its institutions is subject to ownership by the Board of Regents.”
 
Regents’ Rules and Regulations, Series 90102, Section 2.5 specifies the distribution of income obtained from intellectual property. It states that the income remaining after paying license fees, milestone payments, sublicense payments and so forth, will be divided as follows: 50% to the creator and 50% to the System.
 
Although intellectual property includes copyrights, which are the property of the Board of Regents, there are exceptions where certain copyright materials and software may not be the property of the Board. For example, according to Regents’ Rules and Regulations, Series 90101, Section 4:
 
The Board of Regents shall not assert its interest in scholarly or educational materials, artworks, musical compositions, and dramatic and non-dramatic literary works related to the author's academic or professional field, regardless of the medium of expression. This applies to works authored by students, professionals, faculty and non-faculty researchers. The Board of Regents encourages these creators to manage their copyrights in accordance with the guidelines concerning management and marketing of copyrighted works.
 
Regents’ Rules and Regulations, Series 90106, Section 1, explains the use of revenue derived from the creation and production of all intellectual property. It states that income from intellectual property obtained by UT System or any of its component institutions “shall be used by the institutions where the income-producing creation originated.”
 
According to Regents’ Rules and Regulations, Series 90101, Section 2,
 
"The intellectual property policy applies to all persons employed by the UT System or any of its institutions including, but not limited to, full and part-time faculty and staff and visiting faculty members and researchers, to anyone using the facilities of the UT System or any of its institutions, and to undergraduate students, to candidates for master’s and doctoral degrees, and to postdoctoral and predoctoral fellows."
 
All policies pertaining to intellectual property encourage development of intellectual creations and inventions permit timely protection and disclosure of intellectual property, protect the respective interests of all concerned, and guide the use of revenue derived from creation and production of all intellectual property.
 
References:
 
Source Title Location/Special Instructions
Handbook of Operating Procedures, Section 6.3.2
6.3.2 Patents and Copyrights
Link to UTPA SACS library
http://sacs.panam.edu/sacs/comprehensiveStandards/comp3.2.14Resou
rces/comp3.2.14R2_N7224734.pdf
Link to original source
http://www.panam.edu/hop/files/pdf/N7224734.pdf
Rules and Regulations, Series 90000
90000: Intellectual Property
Link to UTPA SACS library
http://sacs.panam.edu/sacs/comprehensiveStandards/comp3.2.14Resou
rces/core2.1Resources/comp3.2.14R1_CompleteTOC_2.html#intellectua
lproperty
Link to original source
http://www.utsystem.edu/bor/rules/CompleteTOC-2.htm#intellectualproperty
Rules and Regulations, Series 90101, Section 2
90102: Intellectual Property Rights and Obligations (Reimbursement)
Link to UTPA SACS library
http://sacs.panam.edu/sacs/comprehensiveStandards/comp3.2.14Resou
rces/comp3.2.14R3_R6_R8_901012004121001.pdf#sec2
Link to original source
http://www.utsystem.edu/bor/rules/90000Series/90101%202004%2012%
2010%2001.pdf
Rules and Regulations, Series 90101, Section 3
90101: General Rules for Intellectual Property
Link to UTPA SACS library
http://sacs.panam.edu/sacs/comprehensiveStandards/comp3.2.14Resou
rces/comp3.2.14R3_R6_901012004121001.pdf#sec3
Link to original source
http://www.utsystem.edu/bor/rules/90000Series/90101%202004%2012%
2010%2001.pdf
Rules and Regulations, Series 90101, Section 4
90101: General Rules for Intellectual Property
Link to UTPA SACS library
http://sacs.panam.edu/sacs/comprehensiveStandards/comp3.2.14Resou
rces/comp3.2.14R3_R6_R8_901012004121001.pdf#sec4
Link to original source
http://www.utsystem.edu/bor/rules/90000Series/90101%202004%2012%
2010%2001.pdf#page=1
Rules and Regulations, Series 90102
90102: Intellectual Property Rights and Obligations
Link to UTPA SACS library
http://sacs.panam.edu/sacs/comprehensiveStandards/comp3.2.14Resou
rces/comp3.2.14R4_9010220041210001.pdf
Link to original source
http://www.utsystem.edu/bor/rules/90000Series/90102%202004%2012%
2010%2001.pdf
Rules and Regulations, Series 90102, Section 2.5
90102: Intellectual Property Rights and Obligations (Reimbursement)
Link to UTPA SACS library
http://sacs.panam.edu/sacs/comprehensiveStandards/comp3.2.14Resou
rces/comp3.2.14R5_9010220041210001.pdf#sec2.5
Link to original source
http://www.utsystem.edu/bor/rules/90000Series/90102%202004%2012%
2010%2001.pdf#page=2
Rules and Regulations, Series 90106, Section 1
90106: Income from Intellectual Property (Use of Income)
Link to UTPA SACS library
http://sacs.panam.edu/sacs/comprehensiveStandards/comp3.2.14Resou
rces/comp3.2.14R7_901062004121001.pdf#sec2
Link to original source
http://www.utsystem.edu/bor/rules/90000Series/90106%202004%2012%
2010%2001.pdf
 
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