Update Your IP Policies To Address Distance Learning And Avoid Disputes
 
August 1, 2000
 

When Harvard Law School Professor Arthur Miller took to the airwaves years ago on “Miller’s Court,” explaining legal matters to public television viewers, Harvard officials no doubt welcomed the publicity and attention his appearances generated. But last summer Harvard attempted to draw the line at Miller’s plans to offer lectures over the Internet though an on-line university.

“The idea that professors can skim the cream, stick a course on the Internet, and get all the gains isn’t acceptable,” a Harvard dean told The Wall Street Journal. Soon after Miller’s planned Internet appearances were announced, Harvard amended its faculty manual to forbid participation in Internet-based universities without Harvard’s permission, the Journal reported.

The Miller v. Harvard flap illustrates the problems that can arise if colleges and universities do not have complete, up-to-date policies addressing ownership of intellectual property. Schools across the country are recognizing the importance of protecting faculty-produced books, articles, lectures and inventions. Detailed policies are one way to safeguard an academic institution’s proprietary interests in these valuable assets.

Protection of intellectual property is an important part of a university’s broader mission of fostering research and teaching. IP policies facilitate the dissemination of scholarly achievements and encourage excellence and innovation by identifying and protecting the rights of institutions, faculty, staff and students.

Protecting academic work product also is part of a broader trend. In 1999, the U.S. Patent and Trademark Office granted a record 169,154 patent documents, including 153,493 utility patents, 14,732 design patents, 421 plant patents, 448 reissue patents, and 60 statutory invention registrations. Annual grants for all patents increased by 3.6 percent over 1998’s total (163,208). Utility patent grants (patents for inventions) increased by 4 percent.

Colleges and universities should be a part of these growing efforts to protect intellectual property. Institutions that do not take steps to safeguard their faculty and student accomplishments risk losing the potentially valuable financial rewards that such work can produce. Because colleges and universities provides resources and assistance that facilitate faculty research, policies that protect the results of this research allow institutions a return on their investments. An institution-wide IP policy also can help colleges and universities avoid disputes over ownership of written and scientific work by faculty and students.

Holland & Knight lawyers have experience in drafting such policies. Our professionals work with college and university administrators to formulate policies that safeguard the institution’s proprietary interests and balance faculty interests in research freedom and potential commercialization.