14.2 Definitions

The following capitalized terms shall have the meaning set out below for the purpose of this Policy.

Background IP means any pre-existing Intellectual Property created before a Policy Subject becomes subject to this Policy.

Contractor means a person who has entered into a service agreement with OIST SC, including, without limitations, an External Researcher, Transitional Professor, Adjunct Professor, External Professor, contracted consultant or external vendor.

Creator means a person, who creates, conceives, reduces to practice, authors, or otherwise makes a substantive intellectual contribution to the creation of University IP or who meets the definition of ‘inventor’, ‘author’ or ‘breeder’ as generally implied in the Intellectual Property laws of Japan and Create shall be construed accordingly.

Creators' Collective Share of IP Revenues has the meaning given to it in 14.7.4.1.

Disclosable University IP means University IP that has foreseeable commercial value.

Employee means (i) a person who is under an employment agreement with OIST SC, such as a Professor, Associate Professor, Assistant Professor, Researcher, Technician, Research Support Employee or Administrative Employee; (ii) an Officer of OIST SC; or (iii) a Constituent (External) Staff member.

Intellectual Property means all outputs produced by individuals through creative activities for which legal rights may be obtained or enforced pursuant to applicable laws, including, without limitations, inventions, devices, authored works (such as software and databases), designs, new plant varieties and biological organisms, industrial applications of discovered or solved laws of nature or natural phenomena, utility models, trademarks, trade names, trade secrets, knowhow and any other mark or technical or business information that is useful for business activities.

Intellectual Property Rights means the proprietary rights that may be granted for an Intellectual Property, should the statutory requirements for protection be met, including, without limitations, a patent right, a utility model right, a plant breeder's right, a design right, a copyright, a trademark right, any other right on Intellectual Property that is stipulated by applicable laws and any other right pertaining to an interest in Intellectual Property that is protected by applicable laws.

IP Evaluation Committee means a committee established by TDIC to evaluate Intellectual Property disclosed to the University.

IP Revenues means all revenues actually received by the University, and to which the University is undisputedly entitled to as owner or co-owner, through commercialization of any University IP from, without limitations, outright sale, option payments, license fees, evaluation fees, upfront and milestone payments, royalty payments, share of profits, dividends, commissions, income through disposal of Proprietary Interests.

IT Resources has the meaning given to it in Chapter 17 of the University’s Policies, Rules & Procedures.

More Than Incidental Use Of University Resources means (i) more than minimal use of specialized, research-related facilities, equipment, supplies, staff or IT Resources provided by the University for academic purposes; or (ii) significant use of "on-the-job" time. It excludes the occasional and infrequent use of (i) routinely available, office-type IT Resources, such as desktop/laptop computers and commercially available software, provided that such use complies with Chapter 17 of the University’s Policies, Rules & Procedures; and (ii) reference materials or other resources collected on the University campus, and which are generally available in non-University locations.

OISTIR means the Okinawa Institute of Science and Technology Graduate University Institutional Repository.

OIST SC means Okinawa Institute of Science and Technology School Corporation.

Policy means this Chapter 14 of the University’s Policies, Rules & Procedures.

Policy Subject means an Employee, Student, Contractor or Visitor.

Previous Policy means Chapter 14 of the University’s Policies, Rules & Procedures in effect prior to November 07, 2022.

Proprietary Interests means any right of any kind, whether or not negotiable or listed for trading on any stock exchange, in any entity including, without limitations, shares, equity, stocks, warrants, loan notes, options, debentures, securities convertible into shares or share options and any other instrument conferring upon its holder or beneficiary any right in any entity and any option to receive any such right.

Public Disclosure means any non-confidential communication of information relating to University IP to external parties. Public Disclosure includes, but is not limited to, disclosure in written or oral form; communication by email; posting on a web blog; disclosure in a news report, press release or interview; publication in a journal, abstract, poster, or report; presentation at a conference; public presentation during or in relation to the examination of a thesis; demonstration of an invention at a trade show; or the industrial application of an invention.

Public Domain means a freely accessible public area in which Intellectual Property that is not protected by Intellectual Property Rights is held by the public at large and available for all to use without permission from the Creator(s) or owner(s).

Student means a person who has been admitted to the University’s graduate program as a full-time degree candidate.

Tangible Research Property or TRP means tangible items produced in the course of research projects, including, without limitations, biological materials (such as microorganisms, cells, plasmids, microbes, antibodies, proteins and, in each case, any part thereof), new materials, soil, rocks, new breeds of plants, lab animals, engineering drawings, software, integrated circuit chips, computer databases, prototype devices, circuit diagrams, equipment, paper or electronic media containing research data. TRP is separate and distinct from Intellectual Property and Intellectual Property Rights. An individual item of TRP may be associated with one or more Intellectual Property and Intellectual Property Rights.

TDIC means the University’s Technology Development and Innovation Center.

Team Agreement means an agreement relating to one or more University IP that is entered into between the Creators of such University IP and the University to regulate the respective rights and obligations of the parties in relation to matters pertaining to such University IP.

University means OIST SC and/or Okinawa Institute of Science and Technology Graduate University, as applicable.

University Authored Work means an authored work that is a University IP.

University IP means Intellectual Property and Intellectual Property Rights owned or co-owned by OIST SC.

Visitor means a person who (i) is not an Employee, Student or Contractor; and (ii) engages in work at the University, independent of the length of the visit and whether or not such person receives any compensation from the University.