It is important that the knowledge that results from scientific research is properly preserved. The General Rules for the Protection and Exploitation of Knowledge have been drawn up for this purpose. Version September 2007.
General Rules for the Protection and Exploitation of Knowledge
Established by the Board of Directors with the consent of the Ondernemingsraad (Works Council), established by the Executive Board with the consent of the Lokaal Overleg (Local Council)
Radboud University Nijmegen and RadboudUMC highly value the transfer of knowledge to society. This is done by converting the returns from academic research into economic or social value, a process known as knowledge valorisation. To optimally facilitate this value increase, there must be a clear view of how both institutions deal with the returns from academic research.
In realising the above mentioned objective, the Board of Directors of Radboud University Nijmegen and the Executive Board of UMC St Radboud have agreed on the following General Rules. These General Rules will serve as a general framework that will be developed further in detailed schemes that focus on various topics and/or subfields. These partial schemes might concern procedures for reporting a finding, dividing schemes for patent returns, or work for third parties done by employees, in particular new commercial activities on the basis of knowledge acquired while working for Radboud University Nijmegen and/or UMC St Radboud. Once confirmed, these partial regulations will be an integral part of these General Rules. The confirmation of a partial regulation that concerns both Radboud University Nijmegen and UMC St Radboud will be done by both the Board of Directors and the Executive Board. The confirmation of a partial regulation that solely concerns Radboud University Nijmegen will be done by the Board of Directors, while the confirmation of a partial regulation that solely concerns UMC St Radboud will be done by the Executive Board.
These General Rules and the derived partial regulations concern all the returns from work activities that are considered to be the object of intellectual property rights, i.e. patent rights, drawing and design rights, brand name rights, database rights, trademark rights, topography rights, rights to seed for sowing and young plants, as well as all the returns from work activities that lead to the further protection of know-how, with the possible exception of returns from activities that fall under copyright law.
These General Rules are based on the principle that the intellectual property rights of the above mentioned returns from work activities by members of staff belong to Radboud University Nijmegen and/or UMC St Radboud. This principle is partly based on legal provisions on the rights of employers of inventors, authors, those who invest in the development of databases, etc., and on the stipulations in the Collective Labour Agreement for Dutch Universities (CAO Nederlandse Universiteiten) and the Collective Labour Agreement for University Medical Centres (CAO Universitair medische centra). Another premise is that agreements are to be made to the utmost extent possible with the other researchers, including interns, students and visiting professors, in which is stipulated that the intellectual property rights for the above mentioned returns from work activities will belong to Radboud University Nijmegen and/or UMC St Radboud.
- These General Rules apply to employees of Radboud University Nijmegen and UMC St Radboud. In addition, the General Rules apply to other researchers at Radboud University Nijmegen and UMC St Radboud, such as interns, students and visiting professors, if and to the extent to which this has been agreed with the person in question. ‘Employees’ in this context refers to those to which the stipulations in the Collective Labour Agreement for Dutch Universities and/or the Collective Labour Agreement for University Medical Centres apply.
- Radboud University Nijmegen and/or UMC St Radboud own the rights to the knowledge that is generated by their employees and – to the extent to which this has been agreed – by other researchers (including interns, students and visiting professors) at Radboud University Nijmegen and/or UMC St Radboud, in the framework of their work activities or study, regardless of location, time, or the financing structure within which the research pertaining to the aforementioned knowledge or inventions is carried out.
- Radboud University Nijmegen and/or UMC St Radboud, as the proprietors of this knowledge, have the exclusive rights to serve as a contract party with third parties (providers of subsidies, sponsors, industrial research partners or clients) in making agreements on the use and estrangement of the knowledge. The content of such agreements will be made known to the employee or other researcher, if possible prior to such agreements.
- Radboud University Nijmegen and/or UMC St Radboud, as the owners of the knowledge, have the exclusive rights to apply for patents, register trademarks and all other formalities with a view to securing the intellectual property rights to or exploiting the returns from activities by employees and other researchers.
- Radboud University Nijmegen and/or UMC St Radboud, as the proprietors of the knowledge, have the rights to any patents requested as a result of the knowledge or inventions of employees or other researchers. In cases where an external party is involved and shares in the rights to the patent, a collective patent right is created together with the external party in question.
- The person who, on the basis of the facts, is considered to be the (co)inventor, has the right to be recognised as the inventor and is entitled to a proportionate monetary compensation. The Board of Directors and/or Executive Board will decide on the compensation sum for employees and other researchers for the exploitation of returns generated by them (Partial scheme on the Division of Returns from Patents).
- The Board of Directors and/or the Executive Board may decide, whether or not at the request of the employee(s) or other researcher(s) involved, to deviate from the rights and obligations that have been stipulated in these General Rules. This decision will be presented in writing to the person(s) involved.
- These General Rules and the derived partial regulations are part of Dutch Law. Disputes between an employee or other researcher on one side and Radboud University Nijmegen or UMC St Radboud on the other side regarding the interpretation or application of the General Rules and/or the derived partial regulations will be resolved to the utmost extent possible by the parties themselves. In cases where such consultation does not lead to a resolution, the parties involved have the right to resolve the dispute through mediation. This mediation will take place according to the regulations of the Netherlands Mediation Institute. Notwithstanding the previous stipulations, an employer or other researcher has the right to turn to a regular judge. Conversely, an employee whose interests have been damaged by a (refusal of) decision or action of the employer can also appeal to the Appeal Committee (Commissie van Beroep). This appeal is subject to the Lawfulness of Decisions Appeals Regulations (Reglement Rechtmatigheidsberoep) as stipulated in article 14 of the statutes of the Catholic University Foundation. The appeal cannot be made before the employee has applied for a provision concerning the disputed decision. Employees working at Radboud University Nijmegen must apply for provisions through the Board of Directors and employees working for UMC St Radboud must apply for a provision through the Executive Board.
- These General rules for Knowledge Protection and Exploitation apply to Radboud University Nijmegen upon confirmation by the Board of Directors and apply to UMC St Radboud upon confirmation by the Executive Board.
Note: the returns from work activities that fall under copyright law have so far been left out of these General Rules; individual cases concerning copyright will be settled on the basis of the law and collective labour agreements.