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The purpose of the CUNY Intellectual Property Policy is three-fold:
- To serve the public good by promoting and facilitating disseminating the products of research, authorship, and invention by the University community.
- To recognize and encourage research, authorship, and invention by the University community by providing for the sharing of tangible rewards resulting from the commercialization of such research, authorship, and invention.
- To define the ownership, distribution, and commercialization rights associated with the products of research, authorship, and invention by the University community and define the policies and procedures for managing such products.
The CUNY Intellectual Property Policy is available here.
Applicability
This policy shall apply to all forms of Intellectual Property created or developed, in whole or in part, by Members of the University (1) making Substantial Use of University Resources, (2) as a direct result of University duties, (3) pursuant to the terms of an agreement to which the University is a party, or (4) in the course of or related to activities on grants or contracts administered by the Research Foundation.
Administration
- Authority and responsibility for administering this policy reside with the Chancellor through the Vice Chancellor for Research. The Vice Chancellor for Research shall establish and maintain a Technology Commercialization Office (TCO) to take such actions as necessary to carry out this policy’s purposes across the University.
- Cooperation between the TCO and the various campuses is essential to the efficient administration of this policy. Each campus may designate an individual to serve as a liaison with the TCO to assist in executing this policy at the campus level.
At the CUNY Graduate School of Public Health and Health Policy, please contact Michele Kiely, Associate Dean for Research, at michele.kiely@sph.cuny.edu.
- No rules, practices, procedures, or forms shall be implemented at the CUNY School of Public Health and Health Policy under this policy except by express prior written authorization of the Vice Chancellor for Research. All research agreements relating to University-owned Intellectual Property, such as material transfer, non-disclosure, confidentiality, option, license, Sponsored Research, or the like, shall be on forms approved by the CUNY Office of the General Counsel (OGC) or the Research Foundation and signed pursuant to OGC or Research Foundation policy regarding contractual signature authority, as the case may be.
Below are extracts from the Intellectual Property policy relevant to Sponsored Research.
Role of the Research Foundation
The below section was extracted from the Research Foundation’s website. The relevant web page is available here.
The University hereby assigns its ownership rights in Inventions resulting from Sponsored Research to the Research Foundation. The Research Foundation may file patent applications, as named assignee, for such Inventions, subject to this policy’s terms concerning income earned from the commercialization of such Inventions. Furthermore, nothing in this policy shall prevent the Chancellor from appointing the Research Foundation as the Chancellor’s designee for the performance of the functions assigned to the University or the Chancellor in particular, or to retain distribution of income from commercialization of Intellectual Property.
The Research Foundation shall monitor and be responsible for financial and performance reporting requirements and other related obligations to Sponsors regarding University-owned Intellectual Property developed under a Sponsored Research agreement or grant. Such requirements include but are limited to obligations to the US government under 37 CFR Part 401, as amended (regulations implementing the Bayh-Dole Act). This monitoring activity shall be coordinated with the TCO, which shall monitor disclosures of University-owned Intellectual Property and other non-financial reporting requirements to Sponsors.
Ownership of Intellectual Property and Sponsored Research
Ownership of Intellectual Property resulting from Sponsored Research shall be determined pursuant to the terms of the agreement between the University or the Research Foundation, as the case may be, and the Sponsor, or as otherwise required by applicable law. If ownership is not defined in the agreement, Intellectual Property shall be owned pursuant to the General Rule.