Copyright and Intellectual Property Policy

Policy

The UD is committed to providing an environment where scholarship and innovation can flourish. UD encourages its staff (includes all academic and non-academic staff members) and students to generate and share knowledge that will provide social, cultural and economic benefits to UD and to the broader community. Appropriate management of UD’s intellectual property by a strong intellectual property protection regime facilitates the best delivery of these benefits to UD, its staff and students, and the wider community.

Benefits of scholarship may be achieved by the dissemination of knowledge, for example, by academic publications, and UD acknowledges that the contribution to knowledge is an important function of academic endeavor. UD is committed to Open Content Licensing principles and provides for their application in some specific settings (e.g. teaching grant outputs). It is important to balance the benefits of optimal access in an open access context with the need to protect intellectual property in cases providing commercial opportunity. This requires a considered approach at an early stage to the likely opportunity for commercial benefit, for example, where an innovation can only reach and benefit the broader community after a speculative investment is made by industry partners, or where the commercial skills of industry partners are necessary.

UD acknowledges that it is accountable to the community for its research and commercialization activities, and has a general responsibility to ensure that these activities have a positive impact on the community. UD is committed to undertaking its business operations and commercialization activities in an ethically and socially responsible manner.

1. Definitions

1.1 “Commercialization expenses” means the expenses incurred by UD or UD work in process i.e., in the production, development, protection, marketing and commercialization of UD intellectual property and includes:

Patenting and other intellectual property protection expenses;
Legal expenses incurred on the commercialization project (and not just on the particular transaction giving rise to the revenue);
External professionals’ expenses incurred on the commercialization project (and not just on the particular transaction giving rise to the revenue), which may include:
- Accountants’ expenses for financial and taxation modeling
- Valuers’ expenses, and
- Other consultants’ expenses (e.g. commercialization consultants);
Costs associated with the development of the intellectual property including proof of concept studies, prototype development, marketing studies and business planning;
Travel and accommodation expenses incurred on the commercialization project (and not just on the particular transaction giving rise to the revenue) by any person (whether staff member, or an external professional);
Legal costs and related expenses incurred to commence or defend infringement proceedings;
Taxes, duties or any other government levies incurred by UD or UD work in process, in respect of the commercialization project or revenue; and does not include:

UD’s and UD work-in process’s administration expenses;
The cost of undertaking research, unless such research is funded by UD under a proof of concept or other funding mechanism.

The determination of whether particular expenses not listed above are considered commercialization expenses will be made by the DOA and the President in consultation with the Manager of the IERCEFZ.

1.2 “Commercialization revenue” means the gross cash revenue received by UD from the commercialization of UD intellectual property and includes:

Royalties on sales by a licensee;
Royalties from sub-license fees received from a licensee;
Lump sum license fees (except where those fees are required to be used to subscribe for equity in a start-up company);
Proceeds from the assignment of UD intellectual property;
Proceeds of sale of the UD intellectual property (where a sale occurs);
Signing fees;
Milestone payments;
Minimum annual payments;
Reimbursement of patent prosecution and maintenance expenses;
Dividends on shares owned by UD in a start-up company to which it grants a license;
Proceeds of sale of shares owned by UD in a start-up company to which it grants a license;
Damages from infringement proceedings; and does not include:
- Payments pursuant to a research or consulting agreement.

The determination of whether particular revenue not listed above is considered commercialization revenue will be made by the DOA and the President in consultation with the Manager IERCEFZ.

1.3 “Contributor” means the creators, and any other staff member or student who has substantially contributed to UD intellectual property, as determined by the VPAA and the President in consultation with the Manager of IERCEFZ.

1.4 "Course of employment” means in pursuance of or incidental to the performance of a staff member’s contract of service with UD. To avoid doubt, intellectual property created whilst performing duties will be considered to have been created in the course of employment whether or not a staff member’s express duties include a duty to develop intellectual property.

1.5 “Creator” means a faculty/staff member or student who creates UD intellectual property, and includes:

Inventors of patentable subject matter;
Authors of works and makers of other subject matter subject to copyright;
Designers of industrial designs.

1.6 “Intellectual property “includes:

Patents for new or improved products or processes;
Trade marks for letters, words, phrases, sounds, smells, shapes, logos, pictures, aspects of packaging or a combination of these, to distinguish the goods and services of one trader from those of another;
Designs for the shape or appearance of manufactured goods;
Copyright for original material in literary, artistic, dramatic or musical works, films, broadcasts, multimedia and computer programs;
Circuit layout rights for the three-dimensional configuration of electronic circuits in integrated circuit products or layout designs;
Confidentiality/trade secrets including know-how and other confidential or proprietary information; and inventions.

1.7 “Net commercialization revenue” means commercialization revenue less commercialization expenses in relation to a particular item or related items of intellectual property.

1.8 “Open content licensing” refers to the licensing of a copyright work or other subject matter under a system which preserves the creator’s intellectual property rights whilst giving permission in advance for the material to be used in certain defined ways, subject to certain defined conditions. Such licenses may provide the user with the right to reproduce, copy and communicate the content on prescribed terms or conditions. Examples of open content licensing systems include the Creative Commons licenses, the Public Document License and the Share net licenses.

1.9 “UD” means the University of Dubai established by Dubai Chambers .

1.10 “UD intellectual property” is intellectual property created by faculty/staff and/or students in the course of their UD employment and intellectual property assigned by students or visitors to UD. Student signs a letter assigning rights to UD.

1.11 “UD teaching materials” are teaching materials created by faculty members in the course of their UD employment.

1.12 “Scholarly works” means any article (refereed or un-refereed), book or book chapter(s), manual, musical composition or creative writing or any digital or electronic version of these that contains material written by staff or a student, but does not include work that is a computer program, teaching materials, or administration material or work produced at the request of a third party under contract with UD.

1.13 “Staff” and “staff member” means any employee of UD at the time that person creates intellectual property and includes faculty, academic staff and professional staff whether employed on a full-time, part-time, sessional or casual basis.

1.14 “Staff materials” means teaching materials in which the intellectual property is owned or licensed by staff to UD.

1.15 “Student” means a person enrolled as a student of UD, or in a course or program of study conducted by or on behalf of UD, at the time they create intellectual property.

1.16 “Teaching materials” are lecture notes, course notes, slides, presentations, overheads, course assignments, examination papers, answer guidelines, tutorial questions, handbooks, spreadsheets, course outlines, course reading lists, computer programs solely used for teaching purposes, drawings and diagrams, maps, photographs, broadcasts, films and all other materials created, developed, used or supplied for the purpose of learning and teaching at UD.

1.17 “Visitor” means any person other than a staff member or student who takes part in any research or scholarly activity at UD pursuant to which that person creates intellectual property, and includes a person who holds an adjunct, honorary, voluntary or other similar appointment at UD.

2. Roles and responsibilities

All staff
All staff generating intellectual property in the course of their UD employment have an obligation to comply with the specific requirements of this policy. In view of the ownership arrangements below, staff must act in a manner which is consistent with UD’s ownership of intellectual property generated in the course of employment. Creators who are staff members are expected to assist or facilitate the exploitation of intellectual property which they have been involved in generating, where avenues for exploitation or commercialization are identified by or on behalf of UD.
Deans, Managers of Departments and Program Directors
Deans, Managers of Departments and Program Directors, as the line managers of creators, have a role in promoting this policy to staff and students and in making determinations on the use of any commercialization returns to the faculty, division or institute in accordance with UD policies and which use is normally subject to the VPAA and President’s approval.
The Director of Research, has a general role in developing UD’s research capacity and ensuring that research innovations with commercial relevance are exploited to their full potential. As part of this role, the Director of Research, is responsible for administering this policy, for the formulation and approval of procedures and protocols to implement this policy, and for the management of disputes arising under this policy.
IERCEFZ
Deals with contract research, consultancies, international projects and cooperative research centers and handles issues when commercialization or related risks to UD need to be considered.
Alumni Office
The Alumni Office identifies and facilitates the management of relationships between UD and the external community, and refers transactions to IERCEFZ when commercialization or related risks to UD need to be considered.

3. Ownership of Intellectual Property Created by Staff and Students

UD as an employer is the owner of intellectual property created by staff and students in the course of their employment. UD’s ownership of UD intellectual property applies to both academic and professional staff including students’ projects.

This ownership exists as a matter of law, and does not require any further documentation from staff members. However, staff may be required to formally sign documents to more fully record UD’s ownership of UD intellectual property, for example, to enable patent applications to be made. UD does not own intellectual property created by staff members outside the course of their employment, including projects not funded by UD, unless provided otherwise.

3.1 Staff bringing existing intellectual property to UD

Staff who bring existing intellectual property to UD to be used in the course of their duties or otherwise, need to provide evidence of ownership when disclosing intellectual property with commercialization potential to IERCEFZ. This ensures the staff member’s ownership and contribution to the scope of knowledge held at UD is recognized. Staff should provide:

An inventory of that intellectual property, and
All documents relating to the ownership of the intellectual property, including any contracts, licensing agreements or other relevant documents.

4. Ownership of Copyright

UD as an employer is the owner of copyright where the work is created by staff and students in the course of their employment/study. UD’s ownership of copyright applies to both academic and professional staff and students working on the projects.

4.1 Assignment of scholarly works

Provided that UD does not have contractual obligations to a third party which would prevent UD from engaging in such an assignment, UD assigns the right to publish scholarly works to the creator(s) of that work. The assignment is subject to a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license in favor of UD to allow UD to use that work for teaching, research and commercialization purposes and to reproduce and communicate that work online for non-commercial purposes via UD's open access digital repository.

If required, UD will sign documents to more fully record the staff member’s ownership of the right of publication of the copyright in a scholarly work and UD’s non-exclusive license to that work.

If required, a staff member will sign documents to more fully record the license in favor of UD to use scholarly works as contemplated in this section.

The “right to publish” scholarly works in this section means the right to publish a work as referred to in the UAE Copyright Law No. 38 of 2021.

The version of the scholarly work that UD can make available via the digital repository may be the published version or the final post-peer review manuscript version. UD will adhere to third party publisher-requested embargoes as agreed with the publisher (from date of publication by the third party publisher) on the publication of the manuscript via the digital repository.

Any subsequent publication agreement or assignment of the right to publish the scholarly work entered into by the creator will be subject to the terms of the pre-existing non-exclusive license referred to in this section.

5. Intellectual Property in UD Teaching Materials

UD owns the intellectual property in UD teaching materials. This ensures the University has the unrestricted ability to use UD teaching materials for its teaching, research and training responsibilities.

5.1 Non-exclusive license

UD grants to creators a perpetual, worldwide, non-exclusive, royalty-free license to use UD teaching materials to fulfill their teaching, research and training responsibilities at UD. This license does not include any use for commercial purposes nor does it involve a transfer of ownership of UD intellectual property.

In the absence of an obligation of confidentiality or separate legal constraint, UD recognizes that staff may personally use knowledge they have developed in the course of their employment at UD, once that employment ceases. That right does not extend to the reproduction of UD teaching materials.

5.2 Staff materials

UD’s access to staff materials is necessary to enable the University to deliver the courses in which staff materials are used. This access continues after a staff member ceases to be employed at UD. If staff materials are used in the course of the staff member’s employment at UD, the staff member must grant a perpetual, worldwide, royalty-free, non-exclusive license to UD to use staff materials for all purposes connected with delivery of courses and teaching programs by UD.

6. Intellectual Property Created By Students

Students personally own the intellectual property that they generate. However, in order to participate, or continue to participate, in certain projects students must inform UD of their interest in the intellectual property, in particular, where:

The project is externally funded, or
The project has clear commercialization potential or objectives.

It is intended that requests for students to assign their intellectual property will be done only where necessary to enable UD to meet its legal obligations to industry partners, or to achieve the objective of deriving appropriate benefits from innovation at UD by commercializing intellectual property.

The terms of any assignment of intellectual property by a student will be agreed with the student. In general the student will:

Share in net commercialization revenues along with all other contributors;
Retain copyright in the student’s thesis or ARP;
Not be unreasonably impeded in submitting a thesis/ARP for examination and completing requirements for the award of a degree;
Observe obligations of confidentiality in relation to the project.

Responsibility for identifying circumstances when the assignment of student intellectual property may be appropriate rests with the research thesis/ARP supervisor and the relevant dean or program director (or delegate).

7. Intellectual Property Created by Visitors

Ownership and rights relating to intellectual property brought to UD by a visitor must be resolved before any activity commences at UD. This may necessitate negotiation between UD and the owner of the intellectual property.

Ownership and rights relating to intellectual property created during a visitor's work with UD must be resolved through negotiation between UD and the visitor or other third parties such as the visitor’s employer. Any agreement that arises following such negotiations must be finalized before the visit or appointment commences at UD.

8. Commercialization and Commercialization Revenue

8.1 Commercialization of UD teaching materials

Any commercialization of UD teaching materials will be done by UD through the Office of IERCEFZ as determined by the VPAA in consultation with the President and the Manager of IERCEFZ. Any distribution to contributors from net commercialization revenue received from commercialization of teaching materials will be determined by VPAA in consultation with the President and the Manager of IERCEFZ.

8.2 Commercialization of intellectual property other than UD teaching materials

In particular, and without limiting the matters to be complied with, UD expects creators to:

Identify intellectual property that may have commercialization prospects.
Disclose that identified intellectual property to IERCEFZ.
Confer on the timing of publications to ensure that publication and intellectual property protection may be achieved without either hindering the other.
Assist IERCEFZ in the assessment, management, protection, and commercialization of intellectual property.
Assist IERCEFZin inventorship and contributor determinations.
Ensure that IERCEFZ is engaged in any process of application for patents.
Ensure that IERCEFZ is involved in the engagement of any patent attorneys.
Work with patent attorneys engaged by IERCEFZ, including preparing parts or drafts of patent specifications.
Assist IERCEFZ in preparing other documents that will assist in the protection and commercialization of intellectual property including technical descriptions and evaluations, and market descriptions and evaluations.
Sign documents required in the patent application process within an agreed timeframe.
Answer questions and provide information requested by IERCEFZwithin an agreed timeframe.
Promptly notify IERCEFZ when approached by a possible commercial partner.
Assist IERCEFZ in its negotiations with commercial partners.
Include IERCEFZ in any commercial discussions relating to intellectual property.
Ensure that IERCEFZ is consulted about, and agrees to, the signing of any contracts or commitments binding upon UD or IERCEFZ.
Seek IERCEFZ approval for any media statements regarding intellectual property with commercial potential.

As a general rule, net commercialization revenue (excluding that derived from the commercialization of teaching materials) will be distributed in the following manner:

Two third to all the contributors between them;
One third to UD.

Net commercialization revenues will be distributed to contributors according to the proportionate contribution made by them to the intellectual property. If necessary, for instance, in cases of uncertainty or if there is dispute between contributors, the VPAA in consultation with the President and Manager of IERCEFZ determines proportionate contributions for the purposes of net revenue distribution to contributors.

In the case where there are several contributors who are employed by different organizational areas, distribution to relevant faculties, divisions or institutes will be made in the same equal proportions as apply to contributors. At its discretion, the faculty, division or institute may apply the commercialization revenue to funding further research by the creators / contributors.

Subject to any existing agreements regarding revenue distributions, this policy will apply in relation to all net commercialization revenue received by UD or IERCEFZ after this policy comes into effect, including under agreements made before this policy comes into effect. Distribution to a contributor under this policy shall not be affected by the death, resignation or retirement of the contributor.

9. Moral Rights

Moral rights have the meaning specified in the UAE Copyright Law No. 38 of 2021. In summary, the moral rights of the creator of works are:

The right of attribution of authorship in respect of the work;
The right not to have authorship of the work falsely attributed; and
The right of integrity of authorship in respect of the work.
The right of attribution is a right to be identified as the author of a work;
False attribution means to associate someone else's name with a work in a way that falsely implies that person is the author of the work; and
The right of integrity of authorship is the right not to have the work subjected to derogatory treatment, such as the doing of anything that results in a material distortion, mutilation of, or alteration to, the work that is prejudicial to the author's honor or reputation.

UD shall take reasonable steps to respect moral rights and to endeavor to ensure that others respect moral rights. However, UD is not obliged to take action if the moral rights of authors are not exercised.

UD recognizes that staff and students may retain moral rights in copyright works owned by UD and may, on appropriate occasions, ask creators to consent to certain uses of their work, where moral rights may be affected.

10. Dispute Resolution

A person who does not agree with a determination, action or inaction on a matter relating to this policy must in the first instance notify the Manager of IERCEFZ in writing of the dispute. The Manager of IERCEFZ will respond to that notice promptly.
If the concerned person is dissatisfied with the reply (or if the reply is not timely) the person should advise the VPAA in writing of the unresolved dispute.
The VPPA or his or her nominee shall meet with the person and the Manager of IERCEFZ within five working days from the date of being advised in writing of the ongoing dispute. Prior to the meeting, the VPAA shall advise the person of their right to be accompanied by a staff representative at that meeting. A representative means a person chosen by the affected staff member to assist or represent them. The staff representative excludes a person who is currently practicing as a solicitor or barrister.
The VPAA or his or her nominee may seek assistance in investigating a dispute, as appropriate. That advice may be sought from IERCEFZ on matters relating to exploitation or commercialization of UD intellectual property or may determine it is appropriate to appoint a panel of up to three people, to report on matters raised by the dispute. This panel will be composed of such persons, from within and external to UD, who by reason of their collective skills and expertise are able to consider the specific issue raised, and provide advice to the VPAA or his or her nominee, as applicable.
The VPAA shall respond to the written notice of dispute within 30 days of receipt of the notice or shall inform the person of an alternative timeline for resolution. The final response of the VPAA to the written notice of dispute shall conclude the matter.

Breaches of the policy

Any breach of this policy by a staff member may be subject to disciplinary action in accordance with UD’s provisions on disciplinary action under UD Code of Conduct.

Academic Catalog

Copyright and Intellectual Property Policy