Use of terms

In this Policy, unless the context otherwise requires, the following terms shall have the meanings assigned to them:

Academic Materials: Materials used for pedagogical purposes including, but not limited to, recorded and live digital, video, and audio presentations; photographs, films, graphic illustrations, transparencies, and other visual aids; programmed instructional packages; computer programs and data bases; and books, booklets, monographs, articles, scripts, study guides, syllabi, tests, and other items that accompany, or are used to present or demonstrate, the above described materials;

Assignment: A written agreement by the innovator, assigning all or part of the Innovator's right, title or interest in or to an innovation of the University.

Copyright: An original work of authorship which has been fixed in any tangible medium of expression from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device, such as books, articles, journals, software, computer programs, musical works, dramatic works, videos, multimedia products, sound recordings, paintings, pictorial, sculpture or graphical works.

Equity: Shares of stock or securities including, but not limited to, stock options, warrants or any other rights to purchase stock or securities;

Geographical Indications: Indications which identify a good as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of a good is essentially attributable to its geographical origin;

Gross Revenues: All income received by the University under a license agreement but does not include be research funds (unless the research funds offset future royalty obligations) and maintenance fees received under the license agreement;

Industrial Designs : Those aspect of a useful article, which are ornamental or aesthetic and include the shape, pattern, line or colour of products of industry, handicraft, technology or architecture;

Innovation: A new or original product or process;

Innovator: Scientist, researchers, author or performer. This includes a staff member (researchers and non-researchers), undergraduate and graduate students, candidates for masters and doctoral degrees, predoctoral and postdoctoral fellows, including any other person employed by the University, whether full or part-time, emeritus staff while at the University, visiting faculty and researchers, adjunct staff and professors, company representatives, administrators and any other persons who create or discover applicable intellectual property using the University resources or who receives funds or other rewards for their services (work-for-hire), work done through research whether or not funded by the Government, or those who voluntarily assign their intellectual property to the University;

Invention Disclosure: The written submission to the Intellectual Property Management Office (IPMO), on the standard or prescribed invention or innovation disclosure forms available from IPMO, of a written description of any Invention that an Innovator claims he or she has made ;

Inventions: New, useful, and non-obvious ideas and/or their reduction to practice that result in, but are not limited to, new products, devices, processes, and/or methods of producing new and/or useful industrial operations and materials; any article useful in trade; any composition of matter, including chemical compounds and mechanical mixtures; biological materials including cell lines, plasmids, hybridomas, monoclonal antibodies, and genetically-engineered organisms that is industrially useful or that have commercial potential; new varieties of plants; any new design in connection with the production or manufacture of an article including computer software, data bases, circuit design, prototype devices and equipment; and any improvement upon existing processes or systems;

Inventors or Creators: A person responsible for the conception, ideas, and content of Inventions and other works. Support staffs such as research assistants, photographers, artists, producers, computer programmers, printers, and others who contribute to the works shall not be considered inventors or creators unless they substantially influence the original or novel aspects of the works.

Integrated circuits or layout designs: The three-dimensional disposition, however expressed, of the elements of computer circuit, at least one of which is an active element and of some or all of the interconnections of an integrated circuit intended for manufacture;

Intellectual Property: Any new original or useful process, machine, composition of matter, life form article of manufacture, software, literary, artistic, musical work, or tangible property including new or improved devices, circuits, chemical compounds, drugs, genetically engineered biological organisms, data sets, software, musical processes, or unique or innovative uses of existing inventions that may or may not be patentable, copyrightable trade markable or protectable under any other form of intellectual property;

Intellectual Property Management Office : The office established under the legal office to manage intellectual property matters .

Know-how: Includes actual human artistic or technical skills derived from experience in working a certain art or technology;

Neighboring or related rights: Rights that are related or auxiliary to copyright and include sound recordings, audiovisual works, broadcasts and performances;

New Plant Varieties: Varieties of plants, which have been discovered or bred, and which are distinct, uniform and stable;

Net Revenue: Gross Revenue less expenses associated with the protection or commercialization of innovation or invention;

Net Royalties: Gross royalties less expenses incurred in protecting or promoting the innovation or invention;

Patent: An exclusive right granted for an invention, which is a product or a process that provides a new way of doing something or offers a new innovative and useful technical solution to a problem in industry or commerce or public life;

Person : Includes both natural and juridical persons.

Publications: Books, textbooks, booklets, bulletins, circulars, pamphlets, reports, information releases, exhibits, demonstrations, and other scholarly or popular writings regardless of medium;

Reassignment : The execution of a written agreement by the University assigning all or part of the University's right, title or interest in and to an innovation back to the innovator who had originally assigned his or her right, title or interest in and to the Innovation to the University;

Service mark: Includes any word, phrase, logo, name, symbol, device, sign or any combination thereof, used by a person or which a person has a bona fide intention to use in commerce and uses or applies to register, identify and distinguish his, services from those of others;

Significant Use: Extensive use of UoN resources.

Staff: Shall mean any person employed by UoN on contract or on permanent and pensionable terms;

Student: Bona fide student of the University of Nairobi ;

Tangible Research Property: A nything having a physical embodiment such as cell lines, software, devices, and compositions of matter irrespective of whether or not protectable under any intellectual property regime;

Trade mark: Includes any word, phrase, logo, name, symbol, device, sign or any combination thereof, used by a person or which a person has a bona fide intention to use in commerce and uses or applies to register, to identify and distinguish his goods from those of others;

Trade Secret: Includes , confidential data, information or compilations used in research, business, commerce and industry and confer advantage on one having the right to use it. The information has commercial value because it is secret or confidential. There must be an intention to keep such information confidential

University Employee: Staff, researcher employed by the UoN on contract or on permanent and pensionable terms;

UoN: The University of Nairobi ;

Resources of the University: Funds, supplies, equipment, physical facilities, personnel, and/or other services or property of the UoN. The resources i nclude all tangible resources made available by University to inventors, including: office, laboratory and studio space and equipment; computer hardware, software and support; secretarial services; research, teaching and laboratory assistants; supplies and utilities; funding for research and teaching activities, travel and other funding or reimbursements. University resources do not include the employee's time, use of the library, or use of personal office including any office computer or data processor located therein;

Utility Model: Any form, configuration or disposition of element of some appliance, utensil, tool, electrical or electronic circuit, instrument, handicraft mechanism or other object or any part of the same allowing a better or different functioning, use, or manufacture of the subject matter or that gives some utility, advantage, benefit, saving or technical effect not available in Kenya before and includes microorganisms or other self-replicating material, products of genetic resources, herbal as well as nutritional formulations which give new effects;

Visitor: Visiting professor, lecturer, researcher or scientist, and any other individual participating in research or teaching, sponsored or hosted by the funds or other resources of the University;

Work , for hire: A work prepared by a University employee within the scope and in the course of his or her employment with UoN and shall include expressly commissioned works for instructional, public service, or administrative use, by the UoN whether the person commissioned is an employee of the University or not.

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