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DISPUTE RESOLUTION
Introduction
Development of Intellectual Property Rights
Ownership of Intellectual Property Rights
Roles and Responsibilities
Dispute Resolution
Sample Forms and Agreements
Resources
DRAFT - Office of the Chancellor Procedure
for Resolution of Disputes

   
Section A. Appeal to the President. In the event that an individual who is not covered by a Collective Bargaining Agreement Grievance Process, believes that he or she is the owner of an original work and entitled to intellectual property rights that the Intellectual Property Coordinator at the college or university has determined belong to the college or university, that person may appeal to the President of the college or university or Chancellor as appropriate. The Intellectual Property Coordinator shall develop an appeal form for use in such situations. The person challenging the Intellectual Property Coordinator's decision shall file the appeal with the President/Chancellor (or their designee) within 30 days after the person receives written notification from the college or university that the Coordinator has determined that the college or university is the owner of intellectual property rights in the work. Upon receipt of the appeal, the President/Chancellor shall establish a committee of at least three and no more than five people to review the decision of the Coordinator and make a recommendation to the President/Chancellor on ownership of intellectual property rights.

The President/Chancellor may appoint any person to the committee, but the committee shall be comprised of at least one faculty member appointed by the faculty and one student member appointed by the campus student association. The President/Chancellor shall appoint one member of the Committee as chair. The person challenging the decision and the Coordinator shall provide such information as the President/Chancellor or the committee shall request and any other information the challenger or the Coordinator wishes to submit. The Committee shall make a recommendation to the President/Chancellor within sixty (60) days after the appeal is filed. The President/Chancellor shall make a final decision within thirty (30) days after receipt of the committee's recommendation or the information requested, but the President/Chancellor may extend the time with the approval of the challenger.

Subpart B. President's Decision Final. The decision of the President/Chancellor, as appropriate (or their designee) regarding intellectual property rights in an original work shall be final.

Subpart C. Affect of Decision. The President's decision does not negate the legal rights of the petitioner or respondent.

Subpart C. No Application to Certain Disputes. This provision has no application to a situation where two or more individuals disagree on ownership of an original work and the college, university or System does not maintain that it is an owner of such work.

 
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