Compliance Status

Louisiana State University and A&M College is in compliance with this principle.

Narrative

Louisiana State University and A&M College (LSU) has clear, well-developed, and detailed intellectual property policies that apply to students, faculty, and staff.  These policies do not differ significantly in content with intellectual property policies of other comparable public institutions of higher education, e.g. University of Florida [1] or Mississippi State University [2].

The Bylaws and Regulations of the LSU System Board of Supervisors contain a chapter dedicated to Intellectual Property (part II, chapter VII, updated October 2008) that sets the basic policy for LSU System institutions [3].

Specific examples of how the Board of Supervisors policy complies with Principal 3.2.14 include:

1. Section 7-2 of chapter VII clearly articulates the different types of intellectual property encountered in a research university and the specific criteria that are used to determine ownership. Intellectual property, as defined in this section, includes patentable inventions, software, digital media, databases, course materials, and creative works.   Section 7-2n clearly describes that adjunct faculty, LSU undergraduates, and professional students will own their own intellectual property when those individuals are not acting as employees of LSU.  
2. Section 7-3 describes disposition of LSU-owned intellectual property. Section 7-3d provides that faculty are free to publish in academic channels any materials that LSU and those personnel are otherwise free to publish. 
3. Section 7-3 also describes licensing of LSU intellectual property and distribution of licensing income, including income derived from royalties or equity. Forty percent (40%) of such income is distributed to the respective inventors or authors. 
4. Section 7-4 describes handling of intellectual property other than patentable inventions, i.e., works, software, databases, digital media, and course materials. Section 7-4a indicates that LSU releases to the respective author(s) or creator(s) all of LSU’s interest in any copyright to books, articles, lectures, theses, dissertations or other literary works, works of art, course material, or musical compositions. Certain exceptions to this waiver are provided, including instances when intellectual property is developed under a sponsored research agreement with specific obligations to the sponsor.  
5. Section 7-5 describes polices for handling exceptional or special circumstances that do not easily fit under existing policies. This includes the appropriate approval processes for a departure from the policies and appropriate justification.

In addition, supplemental policies can be found in specific Permanent Memoranda (PMs).  Like the LSU System Bylaws and Regulations, these PMs apply to all LSU campuses. The LSU campus has its own guidelines in the form of Policy Statements (PSs).   PMs and PSs comply with and provide expanded policy guidelines on specific provisions or issues that are generally covered in chapter VII. The policies comply with Bayh-Dole provisions, other federal regulations, and Louisiana state law.  Copies of the policies are easily available to faculty, staff, and students on the LSU System Website, and links are posted on the LSU Office of Academic Affairs and the Office of Intellectual Property, Commercialization & Development Websites.  The combination of chapter VII, system PMs, and campus PSs under which LSU operates comply with the requirements of Principal 3.2.14.

One of the most relevant LSU Policy Statements is PS-68 (last revised in 2003) dealing with university intellectual property rights in sponsored programs [4]. This policy notes that research conducted at LSU has the potential for generating, in addition to scholarship, potentially valuable intellectual property. This can include patentable technology, materials subject to copyright (e.g., software), or research products of a unique and/or proprietary nature. PS-68 summarizes the rationale for the university/sponsor division of rights, defines the acceptable limits of intellectual property sharing for various sponsor categories, and establishes procedures for administrative review and approval.

As indicated above, additional policies related to LSU intellectual property can be found in various PMs and PSs issued at the system or campus level.  These include:

PM-11 Outside Employment of University Employees: Includes policies related to ownership of intellectual property developed during faculty consulting and/or in faculty start-up companies [5].

PM-16 Technology Transfer: General technology transfer policies [6].

PM-64 Intellectual Property: Distribution of Royalties and Other Matters: Additional clarification and explanation of distribution of income resulting from licensing of LSU intellectual property [7].

PM-67 Contracts between the University and its Faculty Members: Policies related to potential conflicts of interest, including those that can occur in faculty start-up companies [8].

PS-77 Distribution of Campus Share of Distributable Royalties: Provides further clarification and explanation on distribution of income resulting from licensing intellectual property specific to the LSU campus [9].

PS-93 Use of University Name and Indicia: Policies describing use and licensing of rights to use LSU name, indicia, trademarks, and logos [10].  

As with all institutional documents, LSU understands that its policies related to intellectual property need to be periodically revised and updated.  In some instances, current versions of PMs and PSs were instituted prior to the current version of chapter VII.  Some sections may therefore be outdated, particularly from an operational standpoint.  These inconsistencies have not posed a significant problem and are typically easily resolved by consultation with the LSU System general counsel and the LSU System vice president of academic affairs and technology transfer.  

Discussions related to updates, revisions, and changes are ongoing.  It is anticipated that any future changes will be primarily operational in nature in an effort to streamline evaluation, documentation approval processes, and technology management. Changes to policies regarding ownership, compensation, and applications of the policies to students, faculty, and staff will focus on increasing clarity and flexibility of the policy, rather than making fundamental changes in the policy.

Application of the LSU policy statements on intellectual property and distribution of royalties are illustrated by the following examples: Confidentiality and Non-disclosure Agreement [11], Agreement Between Distributees on Sharing Distributable Royalties from Licensing Income [12], Index to Patent and Know How License Agreement [13], Biological Materials Use Agreement [14], and Approval by the Standing Committee [15].