College and University Campus Roles and Responsibilities

Coordination Function

Colleges and universities are responsible for several functions related to the implementation of the Intellectual Property Rights policy. Implementation is the responsibility of the intellectual property coordinator.

The president or chancellor, or his/her designee, at each college and university, or system office shall appoint an employee to be the intellectual property coordinator (Board Policy 3.26, Part 5, Subpart A). The intellectual property coordinator shall:

  1. Administer the provisions of Board Policy 3.26.
  2. Disseminate the college or university's procedures implementing Board Policy 3.26, Intellectual Property, and Board Policy 3.27, Reproduction and Use of Copyrighted Materials.
  3. Respond to questions relating to the applicability of Board Policy 3.26.
  4. Provide a copy of the Intellectual Property Policy and any other forms developed to implement such policy to persons upon request (Board Policy 3.26, Part 10).
  5. Establish a record-keeping system to monitor the development and use of its intellectual property (Board Policy 3.26, Part 5, Subpart B).
  6. Ensure that Minnesota State Colleges and Universities employees utilizing intellectual property are responsible for adhering to all legal and ethical requirements in accordance with State law (Board Policy 3.26, Part 5, Subpart C).

Preservation of Intellectual Property Rights

Colleges and universities shall undertake efforts to preserve their intellectual property rights (Board Policy 3.26, Part 6).

Protection of Rights - Colleges and universities shall protect their intellectual property rights in original works in which the college or university is the sole or joint owner by:

  • Applying for patents
  • Registering copyrights
  • Registering trademarks
  • Taking all other measures that it deems necessary to preserve its rights

Payment of Costs - Colleges and universities may pay expenses associated with protection and preservation of their intellectual property rights (Board Policy 3.26, Part 6, Subpart B).

Commercialization of Intellectual Property

Colleges and universities may commercialize intellectual property in which they own or share an interest (Board Policy 3.26, Part 7).

Resources/Agreements: Colleges or universities may use their own resources or may enter into agreements with others to commercialize the work as authorized by law (Board Policy 3.26, Part 7, Subpart A).

Notice of Progress: Upon request, advise a creator who retains intellectual property rights in a work of progress in commercializing the work (Board Policy 3.26, Part 7, Subpart A).

Sharing of Proceeds: - Share with an employee who retains an intellectual property interest in a work the royalties, licenses, and other payments from commercialization of the work in accordance with applicable collective bargaining agreements, individual agreements, and applicable laws (Board Policy 3.26, Part 7, Subpart B).

Deduction of Expenses: Deduct from the proceeds received from commercialization of the work and reimburse to the college or university the costs and expenses listed in the policy prior to disbursing the creator's share of the proceeds (Board Policy 3.26, Part 7, Subpart B).

Intellectual Property Account: Establish a general intellectual property account for the deposit of net proceeds received from the commercialization of intellectual property and the reimbursement of expenses, or for any other purpose authorized by the policy (Board Policy 3.26, Part 7, Subpart C). Income earned from the licensing of college university trademarks and logos is not subject to this requirement for distribution of funds (Board Policy 3.26, Part 7, Subpart D).

Assignment of Intellectual Property Rights

A college or university may assign all or a portion of its intellectual property rights to the creator or to any other person as allowed by law, and may receive intellectual property rights from other persons (Board Policy 3.26, Part 8).

Condition of Assignment: As a condition of an assignment, the college or university may preserve certain rights (such as a royalty-free, irrevocable license to use and copy the work), including the right to share in any proceeds received from commercialization of the work (Board Policy 3.26, Part 8, Subpart A).

Creator Assignment: Any person may agree to assign some or all of his/her intellectual property rights to the college, university or system, and may preserve any rights available to the creator (Board Policy 3.26, Part 8, Subpart B).

Assignment in Writing: Any assignment of the intellectual property rights must be in writing (Board Policy 3.26, Part 8, Subpart C).

Policy Training

Colleges and universities, or system office shall arrange training on a periodic basis for faculty, staff and/or other persons who are covered by Policy 3.26, Part 10.