14.3 Scope and Binding Effect of the Policy

14.3.1

Unless agreed otherwise in writing by the Executive Vice President for Technology Development and Innovation, this Policy applies to all Intellectual Property conceived, created, developed, or first reduced to practice by Policy Subjects in connection with their University responsibilities or with More Than Incidental Use Of University Resources. Policy Subjects who are on leave, including, without limitations, sabbatical or paid leave, are subject to this Policy and shall abide by it.

14.3.2

This Policy does not apply to, and the University does not claim ownership of, (i) Background IP; and (ii) Intellectual Property conceived, created, developed, or first reduced to practice by Policy Subjects outside of University responsibilities and without More Than Incidental Use Of University Resources. Individuals with approved external activities, such as faculty members with “External Appointment or Employment”, shall not work on University IP in connection with such activities without a formal agreement with the University and shall consult TDIC to put such an agreement in place.

14.3.3

Upon commencing employment, enrollment, a contract or an appointment with the University, Policy Subjects shall declare any Intellectual Property they wish to treat as Background IP for the purpose of excluding them from the application of this Policy by completing and submitting a Background IP Disclosure Form to TDIC.

14.3.4

The University ensures that the agreement establishing its relationship with each of its Policy Subjects includes a provision placing such person under the scope of this Policy. Visitors, or their University’s host, shall consult with TDIC if there is uncertainty about whether they and their activities are covered by this Policy.

14.3.5

Rights and obligations under this Policy shall survive any termination of employment, enrollment, contract or appointment with the University.

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