2.10 | Intellectual Property Policy

The Sampoerna University (SU) defines intellectual property as works, discoveries, or intellectual or creative findings. SU promotes and encourages faculty, staff, and student scholarly activities and creativity. The University contributes to these efforts by providing release time, travel funds and making its facilities, equipment, personnel, and information resources available. Additionally, the University seeks specific support for creative activity from public and private sources. This policy applies to all faculty, staff, and students at the University and covers all forms of intellectual property legally protected by the law.

2.10.1 | Intellectual Property Types and Ownership

• The university owns intellectual property created by faculty and staff, as well as students working on university research or other university projects, if it is created: (1) in the course of university employment, including work under university grants and contracts with third parties; or (2) with significant use of university resources.
• If the intellectual property is created independently of university employment and without significant use of university resources, the individual owns it.
• Academic tradition vests creators with ownership of academic, artistic, or scholarly works and other intellectual property resulting from research, teaching, writing, or other activities expected of faculty and staff. Thus, ownership and rights to course lecture notes, syllabi, discussion, and exam questions, class notes, books or articles, dissertations, theses, software programs, works of art, musical compositions, web pages, multimedia materials, unfunded research, or similar material, whether in the paper, electronic, or other formats, belong to the material’s creator. Additionally, faculty and staff retain control over the reproduction of their works, derivative works, dissemination, performance, and display of their works to the profession, students, and general public. Any economic benefits derived from such works, whether actual or potential, belong to the creator.
• SU will retain ownership of these types of materials: (1) Works created for hire are those that are created as a condition of employment or as an assigned institutional duty and for which the university provides specific authorization or supervision.; (2) Separately funded works are those that are the result of an independently funded research project. The grant or contract agreement will specify who owns and what rights are granted to independently funded works.; (3) Works that require extraordinary resources: works that require significant university resources that are generally unavailable to most faculty and staff. Office space; personal office equipment; office, classroom, or lab computer workstations; library and other general-use information resources; network access to such resources; sabbatical leaves, internal travel, and development grants are all examples of commonly available resources. (4) Courseware development for hybrid or distance learning: courseware to be offered under the auspices of SU or an institutional partner and developed with university resources.

2.10.2 | Division of Net Proceeds on Inventions

1. The university and faculty, staff, or student inventor or author will split the net proceeds (gross proceeds less the university’s costs for intellectual property protection/registration, production, marketing, distribution, and litigation, among other things) from the sale or licensing of patents or copyrights as follows:
   (1) To the inventor/author: 1/3;
   (2) To the Sampoerna University: 1/3, and
   (3) To the academic unit(s) who supply the intellectual home and research support for the faculty member: 1/3.
2. Which faculties and units should receive royalties will be determined primarily on the basis of their connection to the inventor or author via their provision of SU resources used in conceiving and developing the intellectual property. In cases of disagreements regarding the proper designation of schools, centres, and other units, the University Vice-Rector for Academic Affairs will resolve the issue. If more than one inventor or the author is involved, each inventor or author’s share will be equally divided unless they agree to a different arrangement.
3. Suppose that the revenue-generating invention or copyrightable work was developed with the assistance of a sponsored research program, and the sponsor controls the distribution of income. In that case, such specific regulations will supersede University policy regarding net proceeds distribution.

2.10.3 | Other Intellectual Properties Statements

1. Faculty, staff, and students are encouraged to engage in the broader community of scholars by presenting to professional organizations and societies and sharing the results of their research, creative activities, or “best practices” with colleagues both inside and outside the university.
2. Individuals retain ownership of their intellectual property even after leaving the university’s employ. However, the university may grant rights to use such intellectual property at any time during or after employment.
3. The university requests that the creator of any intellectual property created on-campus or by a university employee while utilizing university resources acknowledge the university’s contribution to the work.
4. SU retains complete control over the use of its name, logo, and trademarks in connection with any work, regardless of who owns the work.

2.10.4 | Resolution of Disputes

In cases where ownership of intellectual property is uncertain, the President will establish an ad hoc committee to review the details of the case and make a final determination regarding rights to the material.