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IPR policy for employees

As a general rule, employees do not own the results created at HiOA or those produced with the college's resources.

Ideas

Employees are required to inform the employer about any ideas with potential for commercialisation (which can be brought to the public). The notification is sent to the faculty with a copy to the R&D section. The signed notification form is then sent to the R&D section. The notification form for project ideas must be used.

HiOA is obliged to inspire employees and to facilitate for the development of ideas that may benefit both HiOA and the society as a whole. If you have an idea that we can help you with, see exploitation of research results and ideas.

Results and rights

The results created at HiOA or produced with the college's resources are, as a general rule, the college’s property. The assessment of the results will include a valuation of the types of results that have been created, the employee’s duties and the nature of the agreement between HiOA and the employee.

HiOA's right to patentable inventions is regulated by the Act Respecting the Rights to Employees' Inventions, and is determined on the basis of the employee’s duties at HiOA and their scope.

The right to an employee’s research results that are considered non-patentable does normally not belong to HiOA on the sole basis of the terms of employment. In this case, other factors must be considered as well; for example, what is created and for what purpose, the use of the employer's equipment and infrastructure, what investments the employer has made as well as what duties the employee has. There should therefore be an agreement on the transfer of rights.

Unless otherwise agreed, the employee has the copyright to traditional works of academic literature, teaching plans and materials, artwork and design.

Employees are entitled to reasonable remuneration if the college takes over a right to a patentable invention; cf. the Act Respecting the Right to Employees’ Inventions, article 7.

Information collected (databases) by employees with the college’s resources and through its activities is HiOA's property, unless this conflicts with other people's rights. If an employee has the right to parts of the contents of the database that HiOA wishes to obtain property rights to, the latter must make an agreement with the employee prior to the project.

Making an agreement with HiOA in advance of the project to clarify property rights is always recommended. 

Externally financed research 

The ownership of the research results must always be agreed upon when HiOA cooperates with one or more external contractors on a project.

In case the external contractor is to own all or part of the research results, it must be clear that HiOA has, through law or agreement, been transferred the ownership of the research results from the employees involved in the project.

Publication rights

Employees themselves have a responsibility for making scientific work accessible to the general public (through publications and the like). Revenue in connection with the publication accrues to the author, unless otherwise agreed with HiOA. This may be relevant in the cases where HiOA has provided resources for the project / work.

If it is appropriate to patent scientific findings, this should be done in consultation with the employer prior to publication.

DelRett

The increased use of digital tools and media in teaching results in a need for more knowledge about copyright. DelRett is a guidance service that allows questions about copyright and teaching to be asked to a committee of lawyers. The questions may relate to the use of film, text, image and sound.

Relevant links

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