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SECTION
400--GENERAL POLICIES
Boston University has several personnel policies that, for
the purposes of this manual, are categorized as General Policies.
They include policies that govern and establish guidelines
for employee conduct in several areas. The policies are listed
below, and the specific provisions are presented in the individual
policy statements.
401
University Rules of Conduct
402
Conflict of Interest
403
Patent Policy
404
Copyright Policy
405
Solicitations and Distributions
401
UNIVERSITY RULES OF CONDUCT
401.1
Professional Standards of Conduct
All Boston University employees, while on University premises
or while representing the University, are required to conform
to professional standards of conduct. Professional standards
of conduct presume that employees will not engage in conduct
inimical to the interests of the University or that interfere
improperly with the rights of other persons, their property,
or the property of the University. Failure to adhere to professional
standards of conduct or engaging in unacceptable behavior
may be subject to disciplinary action, including discharge.
Outlined below are specific examples of unacceptable employee
conduct that have a direct bearing on the work environment
and the general interests of the University.
- Unauthorized
access, use, or release of confidential data.
- Unauthorized
use of University-owned or leased property for the conduct
of personal business.
- Any
action that would place the interests of an employee in
conflict with the interests of Boston University, including
accepting or offering a gift to influence any matter in
which the University has an interest.
- Illegal
use, possession, or sale of controlled substances.
- Possession
or use of a weapon or firearm (except for duly licensed
law enforcement personnel).
- Violent
behavior in any form, including threats.
- Theft
of University property, including data or intellectual property.
-
Harassing behavior of any kind toward staff, faculty, students,
applicants, visitors, or other persons having official business
at Boston University.
- Misrepresentation
or falsification of University documents or information
provided to the University.
For emphasis, the above items are specific examples of unacceptable
employee conduct. The list is not intended to be comprehensive,
and other actions of similarly serious nature will be deemed
to be unacceptable employee conduct.
401.2
Sexual Harassment Policy
Boston University is committed to the principle that no employee,
student, or applicant for employment or admission should be
subject to sexual harassment. The University strives to provide
workplaces and learning environments that promote equal opportunity
and are free from illegal discriminatory practices, including
sexual harassment.
Sexual harassment is a violation of federal and state laws
and University policy, as is retaliation against any individual
who in good faith files a complaint of sexual harassment or
cooperates in the investigation of such a complaint. Upon
receipt of a complaint of sexual harassment or retaliation,
Boston University will undertake a fair and thorough investigation,
with due regard for the rights of all parties. Every reasonable
effort will be made to protect the confidentiality of the
parties during the investigation. After an investigation,
any person who is found to have sexually harassed or retaliated
against another will be subject to discipline, up to and including
termination of employment and, if a student, expulsion from
Boston University.
Definition of Sexual Harassment
Sexual harassment is defined as sexual advances, requests
for sexual favors, and any other verbal or physical conduct
of a sexual nature, whether intentional or unintentional,
in which:
-
an individual's submission to or rejection of the conduct
is made, either explicitly or implicitly, a term or condition
of employment or of status in a course, program or activity,
or is used as a basis for an employment or academic decision;
or,
-
the conduct has the purpose or effect of unreasonably interfering
with an individual's work performance, academic performance,
or educational experience, or of creating an intimidating,
hostile, humiliating or offensive working, educational,
or living environment.
Examples of Conduct That May Constitute Sexual Harassment
It is not possible to list all circumstances that might constitute
sexual harassment. In general, sexual harassment encompasses
any sexually related conduct that causes others discomfort,
embarrassment, or humiliation, and any harassing conduct,
sexually related or otherwise, directed toward an individual
because of that individual's sex. Such conduct is subject
to this policy whenever it occurs in a context related to
the employment or academic environments, or if it is imposed
upon an individual by virtue of an employment or academic
relationship.
A determination of whether conduct constitutes sexual harassment
is dependent upon the totality of the circumstances, including
the pervasiveness or severity of the conduct. The Massachusetts
Commission Against Discrimination lists the following as examples
of conduct that may constitute sexual harassment:
-
Unwelcome sexual advances-whether they involve physical
touching or not
-
Sexual epithets, jokes, written or oral references to sexual
conduct; gossip regarding one's sex life; comment on an
individual's body, comment about an individual's sexual
activity, deficiencies, or prowess
-
Displaying sexually suggestive objects, pictures, or cartoons
-
Unwelcome leering, whistling, brushing against the body,
sexual gestures, or suggestive or insulting comments
-
Inquiries into one's sexual experiences
-
Discussion of one's sexual activities
In order to constitute sexual harassment, conduct must be
unwelcome. Conduct is unwelcome when the person being harassed
does not solicit or invite it and regards it as undesirable
or offensive. The fact that a person may accept the conduct
does not mean that he or she welcomes it.
As a university, Boston University, its employees and students
also must be aware of the need for freedom of inquiry and
openness of discussion in its educational and research programs,
and must strive to create and maintain an atmosphere of intellectual
seriousness and mutual tolerance in which these essential
features of academic life can thrive. No university can or
should guarantee that every idea expressed in its classrooms
or laboratories will be inoffensive to all; pursued seriously,
education and scholarship necessarily entail raising questions
about received opinions and conventional interpretations.
Boston University does guarantee, however, that credible accusations
of inappropriate sexual remarks or actions will be investigated
promptly, thoroughly, and fairly.
Complaints
If you have questions or concerns about sexual harassment,
or if you wish to file a complaint of sexual harassment, you
are strongly encouraged to contact immediately the appropriate
person listed below:
Faculty, staff, or applicants for employment: Contact the
Equal Opportunity Officer in the Office of Equal Opportunity,
25 Buick Street, 617/353-9286. Medical Campus employees
and applicants may also contact the Director of Personnel
at the Medical Campus Personnel Office, 560 Harrison Avenue,
Room 401, 617/638-4610.
Students: Contact the Director of Judicial Affairs and Student
Safety Programs in the Office of the Dean of Students, 19
Deerfield St, Third Floor, 617/358-0700. Students living
in campus residences may also contact their local hall or
area office.
Applicants for admission: Contact the Equal Opportunity
Officer in the Office of Equal Opportunity, 25 Buick Street,
617/353-9286.
Employees covered by a collective bargaining agreement:
Specific provisions of the agreement may provide additional
options for addressing a sexual harassment complaint.
Some of the Schools and Colleges at Boston University have
also established their own procedures for handling issues
of sexual harassment. Faculty, students, and staff who are
members of academic units may contact the office of their
dean to determine whether to use these complaint procedures.
Nothing in this policy is intended to limit the authority
of Boston University to take appropriate disciplinary action
against any individual who violates University rules or policies,
whether or not the conduct constitutes sexual harassment under
law or University policy.
State and Federal Agencies
In addition to the above, you may file a formal complaint
with the government agencies listed below.
Faculty, staff, applicants for employment, or students:
Massachusetts Commission Against Discrimination
One Ashburton Place, Room 601
Boston, Massachusetts 02108
617/727-3990
Faculty, staff or applicants for employment:
United States Equal Employment Opportunity Commission
One Congress Street, 10th floor
Boston, Massachusetts 02114
617/565-3200
Students, applicants for admission, faculty, staff, or applicants
for employment:
Office for Civil Rights
U. S. Department of Education, Region I
J. W. McCormack Post Office and Courthouse, Room 222
Post Office Square
Boston, Massachusetts 02109
617/223-9662
401.3
Related Policies
204
Termination Notices
206 Employee Grievance Process
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402
CONFLICT OF INTEREST
402.1
General Policy
Boston University employees covered by this manual are required
to avoid ethical, legal, financial, or other conflicts of
interest and to ensure that their activities and interests
do not conflict with their obligations to the University or
its welfare. A conflict of interest may exist if you or a
member of your immediate family has a financial interest that
conflicts with the interests of the University.
An employee who encounters a personal interest that may have
the potential of conflicting with the interests of the University
is required to discuss immediately the matter with his or
her supervisor. Supervisors are responsible for notifying
the University's Office of General Counsel of conflict-of-interest
situations.
Designated employees are required to comply with additional
policies adopted by the Trustees of Boston University.
402.2
Consulting, Outside Employment, and Financial Interests
Boston University employees covered by this manual may not
engage in any outside consulting or employment that conflicts
with the interests of the University. Employees are required
to fulfill successfully the responsibilities of their position,
and any external employment activity that results in neglect
of the employee's job responsibilities is inappropriate.
Employees covered by this manual must obtain written approval
from their Department Head to engage in any outside consulting
activity or employment that may involve a conflict of interest.
Boston University reserves the right to require employees
to submit an external activity report covering any outside
employment activity. Key employees may be required to disclose
specific information on outside activities that may involve
a conflict of interest.
402.3
Additional Employment with Boston University
Boston University employees will not be offered additional
employment with the University without written approval of
both the employee's Vice President or Provost and the Office of Human Resources. This policy applies to full- and part-time employees
wishing to hold a second job with the University, including
the teaching of University courses for additional compensation.
Such cases have to be reviewed carefully to ensure compliance
with the provisions of the Fair Labor Standards Act. For example,
non-exempt employees cannot be regularly scheduled to work
in excess of forty hours per week without prior authorization.
402.4
Policy on Solicitation and Acceptance of Personal Gifts and
Relationships with Vendors
Boston University is committed to the highest standards of
honesty, integrity, and fairness in both actuality and appearance.
Consistent with this commitment, University employees and
members of their immediate families are prohibited from soliciting
any personal gift, gratuity, favor, service, or other benefit
(collectively, a "gift") from individuals or companies
seeking any advantageous action by, or relationship with,
the University.
The acceptance of a personal gift, even if unsolicited, is
also prohibited in most instances. A gift valued in excess
of $50 or of undetermined value, unless employed for a University
purpose or shared widely within the University or a unit thereof,
must be declined or returned immediately. Multiple gifts from
a single source in any calendar year are prohibited. Gifts
of promotional items without significant value that are routinely
distributed by vendors to clients, and courtesy copies of
professional printed matter, may be accepted. However, employees
are prohibited from accepting gifts of money or their equivalent,
regardless of the amount, at any time.
Employees are prohibited from accepting a vendor's offer to
pay for travel to and/or attendance at a conference, business
meeting, or similar function without the prior written approval
of the president, provost, or executive vice president.
Customary business dealings involving payment for a meal or
local entertainment are acceptable, provided that they are
not excessive in frequency or amount and do not otherwise
create the appearance of impropriety.
Employees involved in awarding or administering grants or
contracts using federal or other government funds are prohibited
by law from soliciting or receiving gratuities, favors, or
anything of monetary value from current or potential contractors
or sub-contractors.
Supervisors are responsible for ensuring that this policy
is communicated to and understood by the employees in their
unit and that it is effectively enforced. Any employee who
receives an unsolicited gift from an individual or company
seeking any advantageous action by, or relationship with,
the University should immediately submit a written report
to his or her supervisor specifying the date the gift was
received, the donor, the estimated value, and other relevant
information.
Any employee who violates this policy will be subject to disciplinary
action.
disciplinary
action.
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403
PATENT POLICY
403.1
Charles River Campus
The Patent Policy and Patent Agreement for the Charles River
Campus is presented below. It defines the University's policy
concerning patentable inventions and indicates the terms on
which the Trustees provide support that may lead to patentable
inventions. An individual's acceptance of employment at Boston
University is sufficient to make the terms of the policy applicable
without further agreement. New employees will be required
to sign the Patent Agreement simply to ensure that they have
had an opportunity to become aware of the details of the policy
and its administration.
BOSTON
UNIVERSITY PATENT POLICY AND AGREEMENT
CHARLES RIVER CAMPUS
PREAMBLE
The patent policy outlined herein is the Policy of the Trustees
of Boston University (the "University"). The University
recognizes that patentable inventions may be made in the course
of research sponsored by the University and/or by others through
the University. It is the policy of the University to maximize
the benefits to the individual who makes such patentable inventions,
to the University and to the general public, and thus, to
stimulate initiative in the faculty, staff, and employees
of the University. The University recognizes that this may
best be accomplished through patenting and licensing such
inventions in a manner consistent with the public interest,
and for such purpose the University hereby establishes the
patent policy set forth herein. This Policy supersedes all
prior patent policies and amendments thereto applicable to
the Charles River Campus.
1.
PATENT POLICY
A. In order to protect the public good and the University,
and in order to fulfill obligations to research sponsors,
the University shall claim equity in all discoveries and its
right to acquire the title to and control of such discoveries
where the discoveries are made by faculty, staff, employees,
or students (including all types of trainees or postgraduate
fellows) working on or arising from programs supported in
whole or in part by funds, space, personnel, or facilities
provided by the University.
B. When a discovery is made by an inventor outside of any
program conducted by the University, and the inventor can
demonstrate that the University did not provide or administer
significant funds, space, personnel, or facilities for work
leading to the discovery, the discovery shall remain the exclusive
property of the inventor or his/her sponsor. The University
shall not ordinarily consider provision of office, classroom,
or library facilities as constituting significant use of University
funds, space, personnel, or facilities. For purposes of this
Policy, the term "Inventor" shall include all individuals
who participated in and signed a disclosure statement respecting
a discovery or invention.
C. When necessary, the University Committee on Inventions
and Discoveries ("Committee") shall decide whether
an invention or discovery should be classified under Paragraph
A or Paragraph B of this Paragraph 1. Persons or entities
claiming a right to receive royalty interests under the provisions
of the Patent Administrative section below may appeal the
decision of the Committee to the President of the University.
The President shall recommend final action to the Trustees,
whose decision shall be final.
2.
ROYALTIES
Where the University is entitled to equity in a discovery,
the Inventor shall receive 30 percent of the net royalties
accruing therefrom unless the University recommends a lesser
share, which shall not be less than 15 percent, based upon
relevant circumstances relating to the discovery. In the event
that the University determines that such lesser share is appropriate,
the University shall in its sole discretion designate the
recipient or recipients of the percentage share by which the
Inventor's share has been reduced. The Community Technology
Foundation (CTF) of Boston University, exclusive agent for
the administration of patents or discoveries made within the
University, shall receive 45 percent of the net royalties
(see Paragraph 4). The remaining royalties from, and equities
in, the invention shall be distributed to the School of the
Inventor, or in the absence of a School's being involved,
the primary unit or entity of the University with which the
Inventor works or is affiliated. Net royalties are defined
as gross royalties less amounts granted by the University
specifically for the invention or discovery process, and the
costs of securing, protecting, preserving, and maintaining
patents, and of licensing and marketing of the patent rights,
or other costs or fees directly attributable to the invention's
being licensed.
3.
DISCLOSURES
Because the securing of rights in discoveries and inventions
depends on prompt and efficient patent application and administration,
all faculty, staff, students, and employees of the University
who make inventions or discoveries shall immediately disclose
said inventions or discoveries to the CTF Patent Administrator
and to the inventor's supervisor. This disclosure obligation
shall apply to all inventions and discoveries without regard
to whether they fall under Paragraph A or B above.
4.
PATENT ADMINISTRATION
CTF shall be the exclusive agent of Boston University for
the administration of inventions and discoveries made within
the University and covered under Paragraph 1A. CTF shall present
the disclosures to the Committee. Such report shall state
whether CTF has determined that an invention or discovery
will be developed by the University. The Committee shall consist
of eleven voting members, at least a majority of whom shall
be faculty members from the Schools and Colleges of the University.
The members of the Committee and the Chairman of the Committee
shall be designated by the President of the University. CTF
shall render a written semiannual report to the Chairman of
the Committee on the disposition and status of all inventions
and discoveries submitted. CTF shall, as promptly as practicable,
determine whether an invention or discovery shall be pursued
by the University. If the Committee determines that CTF has
not filed a patent application within one year after it has
received a disclosure in respect of which the University is
entitled to claim an interest, the Committee, in consultation
with the Inventor, shall determine what other disposition,
if any, shall be made of the invention or discovery and of
its development.
5.
COVERAGE
The Policy shall cover only discoveries and inventions that
are patentable as the term is defined in the United States
Code, as amended, or the laws of other countries where applications
are filed.
6.
TRUSTEE REVIEW
Any disputes that arise under this policy that are not resolved
by the Committee shall be referred to the President of the
University, who shall recommend final action to the Trustees.
The decision of the Trustees shall be final with respect to
all disputes.
7.
EMPLOYMENT AGREEMENTS
An appropriate form shall be signed by all faculty, staff,
employees, and students working at the University providing
for specific acceptance of the terms of this policy. Rights
and obligations under this agreement shall survive any termination
of enrollment or employment at the University. Nothing herein
contained is intended to grant or dispose of any right, title,
and interest to any disclosure, idea, improvement, or invention,
whether patentable or not, which has been supported or funded
by outside parties who acquire rights to such disclosure,
idea, improvement, and invention.
8.
CONSULTING AGREEMENTS
The rights of the University under this policy, and the interests
of sponsors under research grants or contracts, may not be
abrogated or limited by consulting agreements or other contracts
entered into between University students or employees and
outside organizations or employers. University students and
employees should inform outside employers of their obligations
and commitments to the University under this policy. Such
students and employees should ascertain that patent clauses
in their agreements are not in conflict with their obligations
to the University or this Policy Statement. Each student and
employee should make his/her obligations to the University
clear to those with whom such agreements may be made, and
should ensure that they are provided with a current statement
of University policy. Upon request, the University will provide
a standard clause that may be inserted in a student's or employee's
consulting agreement. This clause will put third parties on
notice as to the University's rights under this policy with
respect to inventions and discoveries. In cases of conflict
of interest, the University reserves the ultimate right to
determine the final disposition of the rights and interests
involved.
PATENT
AGREEMENT
I affirm that I have received and have read the Boston University
Patent Policy/Charles River Campus.
For
and in consideration of the provision by Boston University
of support in the form of funds, space, personnel, facilities,
instruction, supervision or other assistance, I hereby accept
the aforesaid Patent Policy as determinative of my rights
and obligations in relation to any discoveries or patentable
inventions.
Signature:
_______________________
Name:
__________________________
Date:
___________________________
403.2
Medical Campus
The Patent Policy and Patent Agreement for the Medical Campus
is presented on the following pages. It defines the University's
policy concerning patentable inventions and indicates the
terms on which the Trustees provide support that may lead
to patentable inventions. An individual's acceptance of employment
at Boston University is sufficient to make the terms of the
policy applicable without further agreement. New employees
will be required to sign the Patent Agreement simply to ensure
that they have had an opportunity to become aware of the details
of the policy and its administration.
PATENT
POLICY AND AGREEMENT
BOSTON UNIVERSITY MEDICAL CENTER CAMPUS
PREAMBLE
The patent policy outlined herein is the Policy of the Boston
University Medical Center, whose constituent members are Boston
University School of Medicine, Goldman School of Dental Medicine
and Boston Medical Center Corporation (collectively referred
to hereafter as the "Medical Center"). The Medical
Center recognizes that patentable inventions may be made in
the course of research sponsored by the Medical Center and/or
by others through the Medical Center. It is the desire of
the Medical Center to maximize the benefits to the individual
who makes such patentable inventions, to the Medical Center
and to the general public, and, thus, to stimulate initiative
in the faculty, staff, and employees of the Medical Center.
The Medical Center recognizes that this may best be accomplished
through patenting and licensing such inventions in a manner
consistent with the public interest and for such purpose the
Medical Center hereby establishes the patent policy set forth
herein. This Policy supersedes the policy as issued March
1, 1963 and amended November 23, 1981 by the predecessor constituent
members of the Medical Center, namely, Boston University School
of Medicine, Goldman School of Graduate Dentistry and University
Hospital, Inc., and all other patent policies and amendments
therein applicable to the Medical Center.
1.
PATENT POLICY
A.
In order to protect the public good and the Medical Center,
and in order to fulfill obligations to research sponsors,
the Medical Center shall claim equity in all discoveries and
its right to acquire the title to and control of such discoveries
where the discoveries are made by faculty, staff, employees,
or students (including all types of trainees or postgraduate
residents or fellows) working on or arising from programs
supported in whole or in part by funds, space, personnel,
or facilities provided by the Medical Center.
B.
Where a discovery is made by an inventor outside of any program
conducted by the Medical Center, and the inventor can demonstrate
that the Medical Center did not provide or administer significant
funds, space, personnel, or facilities for work leading to
the discovery, the discovery shall remain the exclusive property
of the inventor or his/her sponsor. The Medical Center shall
not ordinarily consider provision of office, classroom, or
library facilities as constituting significant use of Medical
Center funds, space, personnel or facilities.
C.
When necessary, the Medical Center Patent Committee shall
decide whether an invention or discovery should be classified
under Paragraph 1A or 1B. The decision of the Committee is
appealable to the Medical Campus Provost and the President
of Boston Medical Center Corporation, who shall jointly render
a decision.
2.
ROYALTIES
Where
the Medical Center is entitled to equity in a discovery, any
"Net Royalties" (as defined below) that are earned
from the invention shall be allocated among the inventor(s)
and constituent members of the Medical Center in accordance
with this Paragraph. "Net Royalties" are defined
as gross royalties less amounts granted by the Medical Center
specifically for the invention or discovery process, and the
costs of securing, protecting, preserving, and maintaining
patents, and of licensing and marketing of the patent rights,
or other costs or fees directly attributable to the inventions
being licensed. The Boston University Community Technology
Fund ("CTF"), when it acts as agent for the administration
of patents or discoveries made within the Medical Center,
shall receive the percentage set forth below of the Net Royalties.
The remaining Net Royalties shall be divided among the inventor(s)
and constituent members of the Medical Center, including any
shares to be allocated to the department or division of the
inventor(s), in the following proportions depending upon which
constituent member of the Medical Center provided the resources
that permitted the invention to be made:
| If
BUSM |
%
|
If
BMC |
%
|
If
GSDM
|
%
|
| Inventor(s) |
30
|
Inventor(s) |
30
|
Inventor(s)
|
30
|
| Department |
10
|
Department |
10
|
Department
|
10
|
| BUSM |
35
|
BMC |
35
|
GSDM
|
35
|
| CTF |
20
|
CTF |
20
|
CTF
|
20
|
| BMC |
2.5
|
BUSM |
2.5
|
BMC
|
2.5
|
| GSDM |
2.5
|
GSDM |
2.5
|
BUSM
|
2.5
|
Ordinarily,
CTF will be responsible for determining which constituent
member's resources permitted the invention to be made and
reporting these decisions regularly in writing to the Medical
Center Patent Committee. The principal resources to be considered
in making this decision are external grant support awarded
to an institution, internal support provided by an institution
and space provided by an institution to support the work leading
to the invention. If more than one constituent member has
provided resources, the institutional shares shall reflect
the proportion of total resources provided by each constituent
member. In the event that one or more of the constituent members
do not agree with the decision of CTF (or in the event that
CTF is not acting as the administrative agent for the invention),
then the decision shall be made jointly by the Medical Campus
Provost and the President of Boston Medical Center Corporation.
The
allocation of Net Royalties set forth above may be varied
upon the written consent of the inventor(s), the President
of Boston Medical Center Corporation and the Medical Campus
Provost.
3.
DISCLOSURES
Because
the securing of rights in discoveries and inventions depends
on prompt and efficient patent application and administration,
all faculty, staff, students, and employees of the Medical
Center who make inventions or discoveries shall immediately
disclose said inventions or discoveries to the Director of
the Office of Technology Transfer of CTF, and to the inventor's
supervisor. This disclosure obligation shall apply to all
inventions and discoveries without regard to whether they
fall under Paragraph 1A or 1B above. The Director of the Office
of Technology Transfer shall refer requests for classification
under Paragraph 1B to the Medical Center Patent Committee
for decision, and shall communicate the Committee's decision
to the inventor(s).
4.
PATENT ADMINISTRATION
The
Boston University Community Technology Fund shall ordinarily
be the agent of the Medical Center for the administration
of inventions and discoveries covered under Paragraph 1A subject
to the terms herein. The Medical Center Patent Committee shall
consist of an equal number of representatives appointed by
Boston University and by Boston Medical Center Corporation.
The members of the Committee, and its Chairman, shall be designated
by the Medical Campus Provost and the President of Boston
Medical Center Corporation. CTF shall render a written semiannual
report to the Provost of the Medical Campus, the President
of Boston Medical Center Corporation and the Patent Committee
on the disposition and status of all inventions and discoveries
submitted.
In
the absence of a Medical Campus Provost, the President of
Boston University shall perform all of the duties of such
Provost under this Policy.
5.
COVERAGE
This
Policy shall cover only discoveries and inventions that are
patentable as the term is defined in the United States Code,
as amended, or the laws of other countries where applications
are filed.
6.
DISPUTE RESOLUTION
Any
disputes that arise under this Policy that are not resolved
by the Medical Campus Patent Committee shall be referred to
the Medical Campus Provost and the President of Boston Medical
Center Corporation for resolution by joint decision.
7.
ACKNOWLEDGMENT AGREEMENT
An
appropriate form shall be signed by all faculty, staff, employees
and students working at the Medical Center providing for specific
acceptance of the terms of this Policy. Rights and obligations
under this agreement shall survive any termination of enrollment,
appointment or employment at the Medical Center.
Nothing
herein contained is intended to grant or dispose of any right,
title, or interest to any disclosure, idea, improvement, or
invention, whether patentable or not, which has been supported
or funded by outside parties who acquire rights to such disclosure,
idea, improvement or invention.
8.
CONSULTING AGREEMENTS
The
rights of the Medical Center under this Policy, and the interests
of sponsors under research grants or contracts, may not be
abrogated or limited by consulting agreements or other contracts
entered into between Medical Center students, trainees, medical
staff members, faculty or employees and outside organizations
or employers. Medical Center students, trainees, medical staff
members, faculty and employees should inform outside employers
of their obligations and commitments to the Medical Center
under this Policy. Such students, trainees, medical staff
members, faculty and employees should ascertain that patent
clauses in their agreements are not in conflict with their
obligations to the Medical Center under this Policy. Each
student, trainee, medical staff member, faculty member and
employee should make his/her obligations to the Medical Center
clear to those with whom such agreements may be made, and
should ensure that they are provided with a current statement
of this Policy. Upon request, the Office of Technology Transfer
will provide a standard clause which may be inserted in a
student's, faculty member's or employee's consulting agreement.
This clause will put third parties on notice as to the Medical
Center's rights under this Policy with respect to inventions
and discoveries. In cases of conflict over disposition of
rights, the Medical Center reserves the ultimate right to
determine the final disposition of the rights and interests
involved.
9. ADOPTION AND EFFECTIVE DATE
The
above Policy is adopted on behalf of the Boston University
Medical Center by the Trustees of Boston University and Boston
Medical Center Corporation, effective as of August 1, 2000
("Effective Date").
10.
TERM
This
Policy shall continue in effect until termination by the Trustees
of Boston University or by Boston Medical Center Corporation,
by written notice from one to the other. The Policy shall
cover any and all inventions and discoveries which are disclosed
or occur after the Effective Date and which are disclosed
prior to termination.
PATENT
AGREEMENT
I
affirm that I have received and have read the Boston University
Patent Policy/Medical Center Campus. For and in consideration
of the provisions by Boston University Medical Center of support
in the form of funds, space, personnel, facilities, instruction,
supervision or other assistance, I hereby accept, and will
abide by, and fully comply with the aforesaid Patent Policy
as determinative of my rights and obligations in relation
to any discoveries or patentable inventions.
______________________________________________________
Signature & Date
______________________________________________________
Name (please type or print) & Department
______________________________________________________
Institution
Keep
one copy for your files and return signed copy in enclosed
envelope.
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404
COPYRIGHT POLICY
Boston University employees are required to comply with the
provisions of the United States Copyright Law, which regulates
the reproduction of copyrighted material. Boston University
as an institution, and individual Boston University employees,
may be held liable for infringements of the Copyright Law.
A summary of the Copyright Law has been distributed to Dean,
Directors and Department Heads by the Vice President for Arts,
Publications and Media. In part, the University requires that
a warning poster (see following page) be placed on or near
every copying machine. Supervisory personnel must ensure that
every employee under their supervision who has occasion to
either reproduce copyrighted material or order its reproduction
is familiar with and abides by the copyright guidelines set
forth in the summary of the Copyright Law.
Questions concerning the Copyright Law should be directed
to the Office of Publications Production.
Boston
University
Warning
Concerning
Copyright Restrictions
The copyright law of the United States (Title 17, United States
Code) governs the making of photocopies or other reproductions
of copyrighted material.
Under certain conditions specified in the law, libraries and
archives are authorized to furnish a photocopy or other reproduction.
One of these specified conditions is that the photocopy or
reproduction is not to be "used for any purpose other
than private study, scholarship, or research." If a user
makes a request for, or later uses, a photocopy or reproduction
for purposes in excess of "fair use," that user
may be liable for copyright infringement.
Boston University reserves the right to refuse to accept a
copying order if, in its judgment, fulfillment of the order
would involve violation of copyright law.
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405
SOLICITATIONS AND DISTRIBUTION
405.1
University Employees
Employees may not distribute written materials to other employees
on University premises unless such distribution is made in
non-working areas during the non-working time of the employees
involved.
Employees may not engage in solicitation on University premises
during working time. Working time does not include breaks
or meal periods.
The above policy provisions do not apply to employees who
are assigned by Boston University to distribute literature
or solicit, as in United Way campaigns.
405.2
Non-University Employees
Persons not employed by Boston University may not solicit
employees or distribute literature on the premises of Boston
University at any time.
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