Division of Net Royalty and Proceeds: Difference between revisions

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Division of Net Royalty and Proceeds (view source)

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POLICY NO : 7001<br />
[[Human Resources|Human Resources]] | [[Safety/Security|Safety/Security]] | [[Research Compliance|Research Compliance]] | [[Compliance|Compliance]] | [[Privacy/Information Security|Privacy/Information Security]] | [[Business Operations|Business Operations]] | [[Intellectual Property|Intellectual Property]]
<p>
[[Science/Technology Committee|Science/Technology Committee]] | [[Royalty/Equity Distribution|Royalty/Equity Distribution]]</p>
<p>POLICY NO : '''7001'''<br />


EFFECTIVE DATE: 03/16/05<br />
EFFECTIVE DATE: '''03/16/05'''<br />


REVISED DATE: 02/10/10<br />
REVISED DATE: '''02/10/10'''<br />


REVIEWED DATE: 02/10/10<br />
REVIEWED DATE: '''02/10/10'''<br />




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=== Membership ===
== Membership ==


Members of the Committee for Proceed Distribution shall be the Vice Chancellor for Business and Finance, the Vice Chancellor for Research, the Vice Chancellor of Academic Affairs, the President of UNeMed, the Patent Administrator and one member at large to be selected annually by a majority vote of the other members. The Committee shall meet at least annually to carry out the function of RP- 4.4.2, Section 5(b).
Members of the Committee for Proceed Distribution shall be the Vice Chancellor for Business and Finance, the Vice Chancellor for Research, the Vice Chancellor of Academic Affairs, the President of UNeMed, the Patent Administrator and one member at large to be selected annually by a majority vote of the other members. The Committee shall meet at least annually to carry out the function of RP- 4.4.2, Section 5(b).
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# Reviewing the legal fees and other technology transfer expenses associated with each source of proceeds. Regents’ Policy requires that such expenses be reimbursed before any proceed distributions are made. To meet this requirement 10% of all proceeds received will be set aside for the administration of technology transfer. In addition, patent expenses and other legal and professional expenses will first be reimbursed from gross proceeds.
# Reviewing the legal fees and other technology transfer expenses associated with each source of proceeds. Regents’ Policy requires that such expenses be reimbursed before any proceed distributions are made. To meet this requirement 10% of all proceeds received will be set aside for the administration of technology transfer. In addition, patent expenses and other legal and professional expenses will first be reimbursed from gross proceeds.
#         Reviewing general proceed allocations with other organizations and non-inventor proceed allocations between campuses.
# Reviewing general proceed allocations with other organizations and non-inventor proceed allocations between campuses.
          
          


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# Ensuring that with respect to proceeds covered by Regents’ Policies, one third of all net proceeds received by the University is distributed to University of Nebraska inventors. When a single source of proceeds involves multiple University of Nebraska inventors, inventors should coordinate with UNeMed to file a written agreement delineating the division of proceeds between all inventors. Multiple inventor proceeds received but not adequately covered by a written inventor agreement will be distributed equally between all University of Nebraska inventors.   
# Ensuring that with respect to proceeds covered by Regents’ Policies, one third of all net proceeds received by the University is distributed to University of Nebraska inventors. When a single source of proceeds involves multiple University of Nebraska inventors, inventors should coordinate with UNeMed to file a written agreement delineating the division of proceeds between all inventors. Multiple inventor proceeds received but not adequately covered by a written inventor agreement will be distributed equally between all University of Nebraska inventors.   
#         In some highly meritorious cases a given inventor may be found to have earned a share of the proceeds that exceeds the general recommendation of one-third; however in no case will a distribution be made to an inventor that exceeds the recommended one-third until the university has recovered 100 percent of its costs, and an appropriate continuing share has been determined for the university. Such decisions are to be considered highly exceptional and will require the approval of the President upon recommendation of the Chancellor. The President shall report such exceptions to the Board of Regents.
# In some highly meritorious cases a given inventor may be found to have earned a share of the proceeds that exceeds the general recommendation of one-third; however in no case will a distribution be made to an inventor that exceeds the recommended one-third until the university has recovered 100 percent of its costs, and an appropriate continuing share has been determined for the university. Such decisions are to be considered highly exceptional and will require the approval of the President upon recommendation of the Chancellor. The President shall report such exceptions to the Board of Regents.


      
      
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# Examining sources of net non-inventor proceeds covered by the Regents’ intellectual property policies and determining what proportion, if any, should be distributed to inventors’ academic/administrative units. This determination shall be in keeping with each unit’s level of support and commitment to technology development. Academic/administrative units found to be without significant contribution to technology development may be excluded from receiving proceeds. Deans or Directors of the academic/administrative units employing faculty or other persons responsible for creating intellectual property from which net proceeds are generated shall be given notice of Committee meetings and provided the opportunity to present information representing significant support of UNMC technology development. Ordinary support consisting of only the usual salary, space, and equipment afforded to faculty shall not be considered significant.  Information intended to be representative of significant support to technology development shall be substantiated through documentation, interviews with inventors, or other appropriate means. The Committee shall refrain from deciding non-inventor proceed allocations until all interested principals have been given reasonable opportunity to participate.
# Examining sources of net non-inventor proceeds covered by the Regents’ intellectual property policies and determining what proportion, if any, should be distributed to inventors’ academic/administrative units. This determination shall be in keeping with each unit’s level of support and commitment to technology development. Academic/administrative units found to be without significant contribution to technology development may be excluded from receiving proceeds. Deans or Directors of the academic/administrative units employing faculty or other persons responsible for creating intellectual property from which net proceeds are generated shall be given notice of Committee meetings and provided the opportunity to present information representing significant support of UNMC technology development. Ordinary support consisting of only the usual salary, space, and equipment afforded to faculty shall not be considered significant.  Information intended to be representative of significant support to technology development shall be substantiated through documentation, interviews with inventors, or other appropriate means. The Committee shall refrain from deciding non-inventor proceed allocations until all interested principals have been given reasonable opportunity to participate.
#         Earmarking net proceeds as may be distributed to academic/administrative units to be used for research beneficial to technology development.         
# Earmarking net proceeds as may be distributed to academic/administrative units to be used for research beneficial to technology development.         
#         Allocating any net non-inventor proceeds to UNMC accounts for use in furthering translational research or otherwise furthering the objectives of technology and economic development. This includes those net non-inventor proceeds not distributed to academic/administrative units.
# Allocating any net non-inventor proceeds to UNMC accounts for use in furthering translational research or otherwise furthering the objectives of technology and economic development. This includes those net non-inventor proceeds not distributed to academic/administrative units.
#         The allocation and/or earmarking of net non-inventor proceeds not to be distributed to any academic/administrative units shall take the form of a recommendation made to the UNMC Research Resources Board or its functional equivalent. The Research Resources Board shall then confirm or redirect the nonunit distribution and report the final recommendation to UNMC’s Chancellor before such proceeds are made available.
# The allocation and/or earmarking of net non-inventor proceeds not to be distributed to any academic/administrative units shall take the form of a recommendation made to the UNMC Research Resources Board or its functional equivalent. The Research Resources Board shall then confirm or redirect the nonunit distribution and report the final recommendation to UNMC’s Chancellor before such proceeds are made available.
          
          
      
      
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For additional information, please contact UNeMed or the UNMC Patent Administrator.<br />
For additional information, please contact UNeMed or the [mailto:jnickla@unmc.edu UNMC Patent Administrator].<br />




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