Intellectual Property Policy

1. Commitment

• One of the primary goals of Beta College of Business and Technology is to encourage, promote and foster innovation and discovery, in all fields of endeavor in which Beta College of Business and Technology is engaged by its employees, associates and students. In situations where it is Beta College of Business and Technology position that it is the owner of the intellectual property rights in a work that is worthy of commercial exploitation, Beta College of Business and Technology will promote a revenue sharing relationship with the creator or creators of that work.

2. Employee work

• In the absence of any written agreement to the contrary between Beta College of Business and Technology and an employee, Beta College of Business and Technology shall be the owner of all intellectual property rights in a work created by the employee in the course of employment with Beta College of Business and Technology.
• In determining whether a work has been created by an employee in the course of employment, Beta College of Business and Technology may have regard to the following factors (which are not exhaustive):
• whether the employee created the work on Beta College of Business and Technology premises, or using Beta College of Business and Technology resources and property to do so
• whether Beta College of Business and Technology has remunerated or compensated the employee for the work.
• Where Beta College of Business and Technology owns the intellectual property rights in a work, either by agreement with its author or creator, or pursuant to paragraphs 3(a) and 3(b), the creator or author, as the case may be, shall have a non-exclusive right to use the work, provided the creator or author exploits the work only in the course of employment with Beta College of Business and Technology where the creator or author is an employee, and only in the course of contractual relationship with Beta College of Business and Technology, where the creator or author is an associate of Beta College of Business and Technology and not an employee.
• Where an employee creates a work outside the course of employment with Beta College of Business and Technology, without using Beta College of Business and Technology resources in doing so, the employee shall be the owner of the intellectual property rights in the work.
• Where an employee creates a work during the leave year of a prepaid leave program, without using Beta College of Business and Technology resources in doing so, the work shall belong to the employee unless otherwise agreed by the parties.
• Where an employee wishes to use Beta College of Business and Technology resources to create a work outside the course of employment, the employee shall first be required to inform Beta College of Business and Technology of the creation of the work, so that a mutually satisfactory written agreement covering, among other things, ownership, use and revenue sharing, can be negotiated before the work is developed. In the absence of such a written agreement, Beta College of Business and Technology shall own the intellectual property rights in the work created.
• Every application by an employee for a professional development shall contain a full description of the proposed professional development activity. It is Beta College of Business and Technology intention to encourage employees to create works of innovation and discovery. Accordingly, the application for professional development leave shall also contain a statement, signed by the employee and their supervisor, which sets out how any net profit from revenue generated by the commercial exploitation of such professional development activity, shall be shared between Beta College of Business and Technology and the employee.

Where a professional development leave is approved, Beta College of Business and Technology shall own the intellectual property rights in any work created and for which work the leave was granted.

Any application or request for a professional development leave shall be accompanied with, or contain a statement in the following form:

“In compliance with Beta College of Business and Technology Intellectual Property policy, Beta College of Business and Technology shall be the sole owner of the intellectual property in any work described in this document and created by the applicant. If the work is exploited and generates revenue, the applicant and Beta College of Business and Technology shall share the net profit on revenue generated as follows: (insert agreed-upon formula)”.

3. Non-employee work

• Any agreement between Beta College of Business and Technology and a person who is not an employee of Beta College of Business and Technology to develop or create a work, shall be in writing and be executed by the parties. The agreement shall provide that Beta College of Business and Technology shall be the owner of the intellectual property in any work developed or created by the person. This policy may be adapted by written contract between the parties.

4. Joint initiatives with outside parties

• Where Beta College of Business and Technology enters into an agreement with a person or persons, that provides for or contemplates the development of a work in which intellectual property subsists, the parties will ensure that a written agreement sets out their respective rights in the intellectual property in the work, and any terms relating to the sharing of risk and revenue from the exploitation of the work.

5. Licensing arrangements

• Product licenses : Where Beta College of Business and Technology enters into an agreement with a person or persons, that provides for or contemplates the development of a work in which intellectual property subsists, the parties will ensure that a written agreement sets out their respective rights in the intellectual property in the work, and any terms relating to the sharing of risk and revenue from the exploitation of the work.
• Licensing agreements : Where Beta College of Business and Technology enters into a license agreement with a third party to permit that third party to use materials or property developed or acquired by Beta College of Business and Technology, the license agreement shall be in a form approved by the Dean, Beta College of Business and Technology Innovation and a copy shall be deposited with Beta College of Business and Technology Innovation.

6. Student work

• Students shall be the owners of the intellectual property rights in works they create except in the following situations:
  • where Beta College of Business and Technology pays the students for the work they create, in which case Beta College of Business and Technology shall own the intellectual property rights therein;
  • where the students use Beta College of Business and Technology resources and facilities to create the works, outside of their course requirements, in which case the students shall be required to obtain Beta College of Business and Technology consent to the use of its resources and facilities. It shall be a condition to the giving of such consent, that Beta College of Business and Technology and the students enter into an agreement for the creation of the works, which agreement shall provide for, among other things, the ownership of any intellectual property rights in the works to be created, the exploitation of the works by the students and Beta College of Business and Technology, and the sharing of any revenue by the students and Beta College of Business and Technology from such exploitation.

7. Classroom recordings

• Permission to make audio or video recordings of academic related activities for educational purposes should be sought from the appropriate professor(s) and students as per the Recording Lectures and Educational Activities Policy before making such recordings, and permission shall not be unreasonably withheld. Such recordings shall only be used for authorized purpose(s) pursuant to the Freedom of Information and the Protection of Privacy Act, and in accordance with the Recording Lectures and Educational Activities Policy.
• Beta College of Business and Technology shall own the content of the intellectual property recorded on audio or video tapes/discs developed or created in classroom activities by Beta College of Business and Technology employees, except material obtained for approved research projects that are part of the program of academic studies.

8. Copyright notice

• Where Beta College of Business and Technology is the owner of copyright in any works created pursuant to this policy, or otherwise, it shall place the following copyright notice in a conspicuous place in the works: © [year of publication] Beta College of Business and Technology
• Notwithstanding the above, consistent with the provisions of the Copyright Act, 1985, Beta College of Business and Technology shall remain the owner of the copyright in all works created in the course of employment with Beta College of Business and Technology pursuant to this policy, or otherwise, whether or not the work is marked with the copyright notice as described above.

9. Employee-owned work

• The adoption and inclusion of employee-owned works in Beta College of Business and Technology course materials will be made only with the prior approval of the appropriate Beta College of Business and Technology administrator in accordance with Beta College of Business and Technology Conflict of Interest Policy.

10. Commercialization of intellectual property

• Where Beta College of Business and Technology owns intellectual property rights in a work which it wishes to commercialize, it may consult with the creator(s) on the best means for commercialization.
• The author or creator of a work in which Beta College of Business and Technology owns the intellectual property rights may, with Beta College of Business and Technology prior approval, pursue opportunities to exploit the work, and negotiate with third parties on behalf of Beta College of Business and Technology. Beta College of Business and Technology shall always be a party to any agreement resulting there from. The agreement may provide that the author or creator of the exploited work is entitled to share in the revenues contemplated under the agreement, upon the terms set out therein.

11. Beta College of Business and Technology Innovation

• Beta College of Business and Technology Innovation is established to assist staff to deal effectively and efficiently with intellectual property issues and to ensure that there is consistency in the manner in which such issues are approached, and decisions resulting there from are made. To maximize the benefits to Beta College of Business and Technology from the creation of works in which intellectual property rights may subsist, Beta College of Business and Technology Innovation will also serve as a resource centre for intellectual property precedents, including license agreements, technology development agreements, and revenue sharing agreements. Beta College of Business and Technology shall ensure that a copy of any agreements to which it is a party shall be deposited with Beta College of Business and Technology Innovation.

12. Use of Beta College of Business and Technology name on created works

• Beta College of Business and Technology has the right to be recognized or acknowledged in, or in association with, any work created in the course of employment/studies, by a Beta College of Business and Technology employee, student, or person with whom Beta College of Business and Technology is otherwise dealing, or to be disassociated from the work, and for work not created in the course of employment/studies as mutually agreed upon.