|
WOC INTELLECTUAL PROPERTY AGREEMENT
Discussion
On July 30 2001, the Department of Commerce ruled that
VA WOC’s are not considered “employees” under Executive Order 10096 and
as a result, VA may not claim ownership rights under the Executive
Order. However, the same opinion states that joint ownership may arise
for a person who holds a joint appointment with VA, an NPC and/or a
university. Also, the Bayh-Dole Act does not preclude joint ownership of
intellectual property developed pursuant to a federal grant to an NPC or
university.
To clarify the rights and responsibilities of
researchers working in VA facilities, including WOC appointees, VA
Office of General Counsel has developed a document that must be executed
either simultaneously or before the official WOC document is executed.
The agreement provides advance information and notification to WOC’s
requesting research access to VA facilities and resources about their
rights and responsibilities as they relate to any intellectual property
developed using VA resources. It also assigns to VA any intellectual
property rights the WOC appointee may have in the future pursuant to
inventions developed using VA resources.
This agreement should not be executed by WOC’s
performing exclusively administrative, clinical, attending, or
educational activities at the VA medical center.
Use the links below to learn more about technology
transfer in VA and to obtain the WOC IP assignment form.
Helpful links
- VA Rehabilitation Research and Development home page
http://www.vard.org/tts/page/page.html
- VA R&D Technology Transfer
http://www.vard.org/tts/issue/issue.htm
- Information and form for WOC assignment of rights.
Required Documentation >
|
