Intellectual Property Policy

Intellectual Property Policy

PURPOSE

This policy sets out and implements the principles and practices of Intellectual Property (IP) as they pertain to ACK faculty, staff and students and does not constitute legal advice. It does not cover all IP issues and is only an overview.

SCOPE

The scope of this policy applies to all ACK’s faculty, staff and students.

POLICY STATEMENT

  • The Australian College of Kuwait recognizes that certain Intellectual Property is developed as a result of the environment provided by ACK.
  • ACK has the sole right to protect and commercialize any Intellectual Property over which it asserts legal ownership of and may assign such Intellectual Property to third parties unless otherwise agreed in writing. In addition to the latter, ACK shall have the sole right to determine the disposition of Intellectual Property under this policy, including decisions concerns patent licensing and sale. Determination of those dispositions shall take into account the interests of ACK.

Ownership of Intellectual Property developed by ACK Faculty and Staff

  • ACK asserts the sole and absolute ownership rights of Intellectual Property of Teaching Materials created by its faculty and staff in the course of their employment at ACK.
  • ACK asserts ownership rights of Intellectual Property including scholarly works developed by faculty and staff when:
    • ACK resources are used;
    • Specifically commissioned by ACK;
    • The staff/faculty participated in projects, programs and research supported by funding obtained or provided by ACK; and
    • Research is undertaken at ACK in collaboration with other staff/faculty members or any third party.
  • If the above conditions are not applicable, then the ownership of Intellectual Property in scholarly works generated is retained by the Originator. However, the Originator grants ACK a non-exclusive license to use the scholarly work for the purposes of teaching, learning and research at ACK. The non-exclusive license to use the scholarly work persists even if the Originator is no longer an employee of ACK.

Ownership of Intellectual Property developed by ACK Students

  • ACK asserts ownership of Intellectual Property developed by students when the Intellectual Property:
    • Consists of teaching materials;
    • Has been assigned to ACK under a specific agreement with the student;
    • Has been jointly developed by an ACK faculty/staff and student; and
    • Is subject of an existing agreement between ACK and a third party such as industry sponsored programs.

ACK Patents for Faculty, Staff and Students

  • When an invention has been conceived and developed by faculty/staff and/or students during their course of employment/study at ACK and subject to the conditions above, it belongs to ACK.
  • ACK would be the sole owner of the patent and is authorized to develop/invest the invention further for commercial application or in any way it deems fit and/or applicable.

Moral Rights

  • ACK recognizes the moral rights of the Originators of Intellectual Property. The Originator has the right of fair attribution of authorship or invention.

ACK Copyright Ownership

  • Teaching Materials, Scholar Works and any other materials as defined in ACK’s Copyright Policy (ACK.PL.VPAC.30) in which ACK owns the copyright must include the following copyright statement: ©Copyright The Australian College of Kuwait(year)

Dealing and Reporting Intellectual Property

  • ACK faculty and staff have the responsibility in relation to Intellectual Property protection to ensure where appropriate the maintenance of research records and the prevention of premature public disclosure of results prior to obtaining intellectual property protection.
  • ACK faculty, staff or students who believe they have created intellectual property for which ACK asserts ownership must after its creation contact the Office of the President which is responsible for managing invention disclosures, patent registrations, submissions and review processes.
  • Faculty, staff or students must not act on behalf of ACK, or act in their own name, to assign, license, protect or deal with Intellectual Property which is the property of ACK.

TERMS AND DEFINITIONS

  • Intellectual Property: All propriety rights (including, without limitation, rights of registration or application for registration) relating to inventions, copyright, trademarks, confidential information, designs, industrial designs and patents.
  • Inventions means any intellectual property that is patentable governed by Kuwaiti Law No.4 of 1962 as amended by Law No.3 of 2001.
  • Teaching Material: For the purpose of this document refers to any material (whether digital or otherwise) created in any medium for the primary purposes of teaching and learning by an ACK faculty, staff member and/or student during the course of his/her employment/study at ACK. The scope of this includes but is not limited to documents, power point presentations, lecture notes, course guides, and assessments.
  • Scholarly Works: For the purpose of this document refers to articles, books, creative writing, research papers, conference papers and publications including any digital or electronic versions of the above.
  • Third Party: For the purpose of this document refers to an agreement between ACK and another body outside of ACK that regulates Intellectual Property.
  • Originator: For the purpose of this document is but not limited to:
    • In the case of literary work or similar: The Author
    • In the case of designs: The Designer
    • In the case of a patentable invention: The Inventor
    • In the case of software and computer code: The Software Author
  • Moral Rights: For the purpose of this document is the originator’s right to be identified as the author/inventor of the work- known as the right of attribution.

ATTACHMENTS

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