In the Spotlight: Intellectual Property
- Intellectual Property (IP) refers to creations of the mind that are protected by law and can be owned, transferred, or licensed.
At UMB, IP includes:
Trademarks: Protect brand names, logos, and symbols. - Patents: Protect inventions and discoveries.
- Copyrights: Protect original works of authorship (e.g., publications, software, instructional materials).
- Trade Secrets: Protect confidential business information.
- Tangible Research Property: Includes biological materials, chemical compounds, and other physical research outputs.
The following eight IP issues may be encountered during negotiations:
- Ownership (may conflict with UMB’s IP policy)
- Licensing Terms (e.g., exclusive rights, field-of-use restrictions, etc.)
- Publication Restrictions
- Open Source/Public Access Requirements
- Use of Materials
- Export Control & Proprietary Work
- Graduate Student Involvement
- IP Waivers (for when IP terms cannot be reconciled with UMB policy)
Another consideration during negotiations is Background IP. Background IP is IP in existence prior to agreement that will be used or incorporated into the agreed results/milestones/deliverables.
UMB adopts the University System of Maryland (USM) Intellectual Property Policy IV-3.20, which governs the ownership, management, and commercialization of IP created by faculty, staff, students, visitors, and others conducting university activities and/or using university resources.
UMB Approach: “I own what I create, you own what you create, we own what we create.”
For more information on who is covered and how, how UMB interests are protected, who owns the IP, and other related topics, see UMB/USM IP policies and procedures.
Negotiations Series: Intellectual Property
They say, “Me! Me! Me!”
We say, “You! Me! We!”
But, it all depends on the IP!