XI. Report of injury and/or unanticipated problems

Investigators must report to the IRB within 72 hours of its occurrence, ANY injury or unanticipated problem involving risks to subjects or others as a consequence of the research project.

Investigators should use their best judgment regarding the nature and degree of a reportable injury or unanticipated problem. In general, anything serious enough to warrant medical or psychiatric intervention is reportable, as are verbal or written complaints of subjects in which they proclaim that participation presents substantial discomfort, risk, and/or endangerment beyond that explained to them, or otherwise stated in the consent form.

Reports of injury and/or unanticipated problems must be filed with the:

Office for Protection of Research Risks
National Institutes of Health
Department of Health and Human Services
Bethesda, MD 20205

Such reports must be signed by the IRB Chair and filed as soon as possible from the date of occurrence.

XV. Appeal procedures

There are no formal appeal procedures associated with IRB review. The IRB is not a judicial body, but a review board embodied to consider and uphold the rights, welfare and protection of human subjects in research. IRB approval for research which has been suspended or terminated can be reinstated with a demonstration that the protocol/project can secure IRB approval. Similarly, a disapproved project need only be altered so that it can secure approval. An appeal process assumes that the decision of the IRB can be overturned by another group. An IRB ruling is not subject to appeal nor can it be overturned by another group or person(s). (Please note that IRB approval only means that the IRB rules that the potential risks to the subject are, in its opinion, acceptable. IRB approval DOES NOT mean that a project has institutional approval, and the proper procedures for obtaining such approvals should be followed.) Only the IRB can alter its previous determination. According to 45 CFR 46.112:

"Research covered by this policy that has been approved by an IRB may be subject to further appropriate review and approval or disapproval by officials of the institution. However, those officials may not approve the research if it has not been approved by an IRB."

XVI. Adoption of the Ten Ethical Principles of the APA

In addition to the preceding policies and procedures the AASU Institutional Review Board also adopts the ten ethical principles of the APA regarding the conduct of research with human participants and the ongoing responsibilities of all investigators.

A. In planning a study the investigator has the personal responsibility to make a careful evaluation of its ethical acceptability, taking into account these Principles, for research with human beings. To the extent that this appraisal, weighing scientific and human values, suggests a deviation from any Principle, the investigator incurs an increasingly serious obligation to seek ethical advice and to observe more stringent safeguards to protect the rights of the human research participant.

B. Responsibility for the establishment and maintenance of acceptable ethical practice in research always remains with the individual investigator. The investigator is also responsible for his ethical treatment of research participants by collaborators, assistants, students, and employees, all of whom, however, incur parallel obligations.

C. Ethical practice requires the investigator to inform the participants of all features of the research that reasonably might be expected to influence willingness to participate and to explain all other aspects of the research about which the participant inquires. Failure to make full disclosure gives added emphasis to the investigator’s responsibility to protect the welfare and dignity of the research participants.

D. Openness and honesty are essential characteristics of the relationship between investigator and research participant. When the methodological requirements of a study necessitate concealment or deception, the investigator is required to ensure the participant’s understanding of the reasons for this action and to restore the quality of the relationship with the investigator.

E. Ethical research practice requires the investigator to respect the individual’s freedom to decline to participate in research or to discontinue participation at any time. The obligation to protect this freedom requires special vigilance when the investigator is in a position of power over the participant. The decision to limit this freedom increases the investigator’s responsibility to protect the participant’s dignity and welfare.

F. Ethically acceptable research begins with the establishment of a clear and fair agreement between the investigator and the research participant that clarifies the responsibilities of each. The investigator has the obligation to honor all promises and commitments in the agreement.

G. The ethical investigator protects participants from physical and mental discomfort, harm, and danger. If the risk of such consequences exists, the investigator is required to inform the participant of that fact, secure consent before proceeding, and take all possible measures to minimize distress. A research procedure may not be used if it is likely to cause serious and lasting harm to participants.

H. After the data are collected, ethical practice requires the investigator to provide the participant with a full clarification of the nature of the study and to remove any misconceptions that may have arisen. Where scientific or human values justify delaying or withholding information, the investigator acquires a special responsibility to assure that there are no damaging consequences for the participant.

I. Where research procedures may result in undesirable consequences for the participant, the investigator has the duty to detect and remove or correct these consequences, including, where relevant, long-term aftereffects.

J. Information obtained about the research participants during the course of an investigation is confidential. When the possibility exists that others may obtain access to such information, ethical research practice requires that this possibility, together with the plans for protecting confidentiality, be explained to the participants as a part of the procedure for obtaining informed consent.

XVII. Enactment

These procedures and policies are considered to be in effect immediately upon approval by authorized university officials and remain in effect and enforceable until otherwise amended or repealed.

Public Health Service Policy on Humane Care and Use of Laboratory Animals -- has been in existence for many years (last revised in 1986). It requires ALL institutions receiving PHS funding involving the use of vertebrate animals, to adhere to the provisions of this policy, regardless of the species of vertebrate animal used. (INCLUDES cold-blooded animals, and ALL warm-blooded animals, even rats, mice and birds).

The university and its faculty often benefit from the faculty’s participation in both public and private outside activities. The university has no interest in setting forth detailed rules that may interfere with faculty members’ legitimate outside interests.

Faculty members, in turn, must also ensure that their outside obligations, financial interests, and activities do not conflict or interfere with their commitment to the university. This obligation pertains to both full-time and part-time faculty.

The areas of potential conflict may be divided into two categories. Conflicts of Interest are defined as situations in which faculty members may have opportunity to influence the university’s business decisions in ways that could lead to personal gain or give improper advantage to members of their families or to associates. Conflicts of Commitment are defined as situations in which faculty members’ external activities interfere or appear to interfere with their paramount obligations to their students, colleagues, and the university.

In those circumstances in which the university is engaged in or intends to engage in a sponsored project with a commercial organization under one of the university’s sponsored projects, a conflict of interest may occur when a faculty member’s affiliation with the external organization meets any of the following criteria:

a) The faculty member is an officer, director, partner, trustee, employee, advisory board member, or agent of an external organization or corporation either funding a sponsored project or providing goods and services under a sponsored project on which the faculty member is participating in any capacity.

b) The faculty member is the actual or beneficial owner of more than five percent (5%) of the voting stock or controlling interest of such organization or corporation.

c) The faculty member has dealings with such organization or corporation from which he or she derives income of more that $10,000 per year, exclusive of dividends and interest.

d) The faculty member’s immediate family (spouse, parents, parents-in-law, siblings, children, or other relatives living at the same address as the faculty member) meet any of the criteria stated in a)-c) above.

Each faculty member participating in a sponsored project covered by this policy must disclose whether or not he or she has external affiliations that may constitute a conflict by falling within the criteria stated in paragraphs a-d above. A disclosure must be completed prior to the university’s acceptance of the sponsored project or issuance of a purchase order or subcontract for the acquisition of goods and services.

The disclosure form (Attachment 1) is to be sent to the OSP via the faculty member’s department chair or dean. Positive disclosures will be reviewed by the Council of Deans.

In reviewing the positive disclosures, the Committee will be guided by the following practices and apply them as may be appropriate:

a) Assure adherence to relevant university policies and other university documents that they deem appropriate.

b) Consider the nature and extent of the financial interest in the relationship of the faculty member and the external organization.

c) Give special consideration to the terms and conditions of sponsored project agreements that may mitigate or complicate the given situation.

d) Consult with and obtain additional information from the faculty member as either the Committee, or the faculty member feel may be helpful in resolving actual or potential conflicts.

e) Act in a timely manner so as not to delay unduly the conduct of the sponsored project.

f) Conclude that the university may take one of the following actions:

1. Accept the sponsored project award.

2. Do not accept the sponsored project award.

3. Accept the sponsored project subject to suitable modifications in either the sponsored project award document or the external organizational affiliation(s) of the faculty member or faculty member’s family.

If the faculty member is dissatisfied with the review conclusion, the faculty member may appeal to the Vice President and Dean of Faculty who will consult with the faculty member and the Research and Scholarship Committee as deemed necessary and appropriate to the particular circumstance. The decision of the Vice President and Dean of Faculty shall be final.

Violations of this policy, such as willful concealment of financial interests, may result in sanctions being imposed upon the violating individual. The Research and Scholarship Committee will review allegations of violations and will make recommendations regarding the imposition of sanctions to the Vice President and Dean of Faculty.

The OSP shall maintain the records pertaining to each disclosure in strict confidence while complying with Georgia’s Open Record Law. Access to such records will be limited to the faculty member, the Research and Scholarship Committee, the Vice President and Dean of Faculty, and others who have a legal right to review the records.

Certain sponsors, particularly federal agencies, may differ from this policy with regard to the timing and frequency of faculty disclosures and other provisions as well. In the case of such discrepancies, the sponsor’s requirements will generally prevail.

Appendix

The following list of examples serves as a set of guidelines for identifying potential conflicts of interest and commitment. It is not intended as a comprehensive list of all potential situations that could present faculty members and the university with difficulty.

1. Activities that present the potential for conflict.

a) Relationships that might enable a faculty member to influence the university’s dealings with an outside organization in ways leading to personal gain or improper advantage for the faculty member, or his or her associates or family members. For example, a faculty member or family member could have a financial interest in an organization with which the university does business and could be in a position to influence relevant business decisions. Ordinarily, making full disclosure of such relationships and making appropriate arrangements to mitigate potential conflicts of interest would resolve such problems.

b) Situations in which the time or creative energy a faculty member may devote to external activities appear substantial enough so as to compromise the amount or quality of his or her participation in the instructional, scholarly, or administrative work of the university.

c) Situations in which a faculty member directs students into a research area from which the faculty member may realize a financial gain. In such situations, the ability of a faculty member to render objective, independent judgment about the students’ scholarly best interests may be diminished.

2. Activities that are very likely to present unacceptable conflicts.

a) Situations in which a faculty member assumes executive responsibilities for an outside organization that might seriously divert his or her attention from university duties. Faculty members should consult with the appropriate dean before accepting any outside management position.

b) Use for personal profit of unpublished information emanating from sponsored agreements or confidential university sources, or assisting an outside organization by giving it exclusive access to such information; or consulting with outside organizations that impose obligations upon the faculty member or the university that conflict with the Board of Regent’s Intellectual Property Policy or with the university’s obligations under sponsored projects.

c) Circumstances in which a substantial body of research that could and ordinarily would be carried on within the university is conducted elsewhere to the detriment of the university and its legitimate interests.

d) Any activity that a faculty member may wish to undertake on an individual basis that a) involves or appears to involve the university significantly through the use of these resources, facilities, or

the participation of academic colleagues, students, and staff, b) involves the use of the university’s name or implied endorsement, or c) violates any of the principles set forth in any university policy.

 

Officially Approved: 10/12/95

Your compliance with this regulation will be documented by your signature on the Armstrong Atlantic State University Approval to Submit Proposal for External Funding form. Should you need to declare a potential conflict of interest or commitment, please use the form, Armstrong Atlantic State University Faculty Disclosure Statement Regarding External Affiliations. Both of these forms may be found in Appendix E of this manual.

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3.7 Drug Free Workplace/Campus/Community

As part of its commitment to a drug-free campus, Armstrong Atlantic State University complies with the Drug-Free Schools and Communities Act, as well as a number of Georgia statutes and federal, state, and local laws. Refer to Section G of the Regulations (page R-78) in the University Faculty Handbook. For more information, contact the Assistant to the Vice President for Student Affairs or the Director of Human Resources.

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3.8 Intellectual Property

As a unit of the University System of Georgia, Armstrong Atlantic State University must comply with the Intellectual Property Policy established by the Board of Regents, and published in The Policy Manual, Section 603.

Intellectual Property Policy - Pending Approval by Board of Regents

October, 2000

I. PREAMBLE

Armstrong Atlantic State University, hereinafter referred to as the University, is dedicated to teaching, scholarship, and the extension of knowledge to the public. Personnel at the University recognize as two of their major objectives the production of new knowledge and the dissemination of both old and new knowledge. Inherent in these objectives is the need to encourage the production of creative and scholarly works and the development of new and useful materials, devices, processes, and other inventions, some of which may have potential for commercialization. Such activities contribute to the professional development of the individual faculty and staff members involved, enhance the reputation of the University, provide additional educational opportunities for participating students, and promote the general welfare of the public at large.

Such creative and scholarly works and inventions which have commercial potential may be protected under the laws of various countries that establish rights called Intellectual Property, a term that includes patents, copyrights, trade secrets, trademarks, plant variety protection, and other rights (definitions are provided in Section V of this document). Such Intellectual Property often comes about because of activities of the University's faculty and other employees who have been aided wholly or in part through use of facilities of the University. It becomes significant, therefore, to ensure the utilization of such Intellectual Property for the public good and to expedite its development and marketing. The rights and privileges, as well as the incentives, of the authors, creators, or inventors hereinafter referred to as the "Originators" must be preserved so that the use of their abilities and the abilities of others at the University may be further encouraged and stimulated.

The Board of Regents of the University System of Georgia has established an Intellectual Property Policy which stipulates that: "Each institution of the System is required to develop policies and procedures for the administration of this Intellectual Property Policy." Therefore, in order to establish the respective rights and obligations of the University, its faculty, students, and other employees in Intellectual Property of all kinds now and hereafter existing and of all countries, regions, or other political entities, the University hereby establishes this Intellectual Property Policy.

II. RIGHTS AND EQUITIES IN INTELLECTUAL PROPERTY

A. Sponsor-Supported Efforts

Sponsored project agreements with the University or its foundation often contain specific provisions with respect to ownership of Intellectual Property developed during the course of such work, in which case the terms of the sponsored project agreement shall establish ownership. When the sponsored project agreement is silent on the matter, all rights in intellectual property shall vest in the University. Income, if any, from such Intellectual Property shall be shared with the Originator, subject to the sponsor's requirements, in accordance with Section III.J.

B. University-Assigned Efforts

Ownership of Intellectual Property developed as a result of University-assigned efforts shall reside with the University. Copyrightable works created by an employee in the course of his/her employment are considered to be works made for hire under copyright law, with ownership vested in the employer. However, any income from such Intellectual Property shall be shared with the Originator, in accordance with Section III.J. The above notwithstanding, a faculty member's or student's general obligation to produce scholarly and creative works does not constitute a work for hire or a specific University assignment.

C. University-Assisted Individual Effort

Ownership of Intellectual Property developed by faculty, staff, and students who make more than purely incidental use of University resources shall be shared by the Originator and the University. For purposes of this Intellectual Property Policy, the use of the following University resources generally shall not result in shared ownership: all resources available to the public without charge; University-owned/leased office space or equipment; computer equipment; library resources, including electronic resources; and Internet access.

Use of the following University resources in the production of Intellectual Property generally shall constitute more than purely incidental use, shall be defined as University-Assisted Individual Effort, and shall result in shared ownership of the Intellectual Property under this Section: significant resources provided by University-funded and/or University Foundation-funded grants, and stipends; University employees (other than faculty) within the employment period; long distance telecommunication services and other cost-added supplies and services; and University facilities other than offices and the library.

Income, if any, from such Intellectual Property shall be shared as described in Section III.J.

D. Individual Effort

Ownership of Intellectual Property developed by faculty, staff, and students of the University shall reside with the Originator of such Intellectual Property provided that: the Intellectual Property was not developed in accordance with the terms of a sponsored project agreement (see Section II.A); the Intellectual Property was not developed by faculty, staff, or students as a specific University assignment (see Section II.B); and there was no significant use of University resources in the creation of such Intellectual Property (see Section II.C). The Originator of the Intellectual Property shall have the opportunity to demonstrate that this classification applies.

E. Other Efforts

Ownership of Intellectual Property developed by faculty, staff, and students of the University under other efforts is determined according to the criteria specified in Sections II.A. through II.D. above. Such efforts include, but are not limited to, consulting for outside organizations, collaborating with non-University personnel, or serving on non-University boards, committees, task forces, etc. Any agreement should include a statement that the faculty member has intellectual property obligations to the University and this Intellectual Property Policy should be attached to the agreement. In the event that there is any conflict between the University personnel's obligations to this Intellectual Property Policy and their obligations to the entity or collaborative arrangement for which they provide these efforts, the obligations to this Intellectual Property Policy shall control.

III. ADMINISTRATIVE PROCEDURES

A. Responsibility and Organization

The administration of the principles and policies set forth in this document is the responsibility of the Vice President and Dean of Faculty, whose office shall do so with the advice of the University Intellectual Property Committee and a University legal advisor. The Intellectual Property Committee shall be appointed by the President and consist of no less than five, nor more than nine, members. One of these members shall be designated by the President to serve as Chair. The committee shall include representatives of the Vice President and Dean of Faculty, the Vice President for Business and Finance, and the Faculty Executive Committee. The Chair may add ad hoc members as necessary.

The Intellectual Property Committee will review current procedures and practices and make recommendations for future directions; resolve conflicts of interest; arbitrate decisions concerning intellectual property, and mediate and resolve any disputes between the University and Originators. Care will be taken to include representation on the committee from areas with major and consistent involvement with intellectual properties.

B. Disclosure of Intellectual Property

For circumstances meeting the criteria for II.A. through II.C., University personnel shall promptly provide the Vice President and Dean of Faculty with a disclosure describing their creative and scholarly works and new material, devices, processes, or other inventions which may have commercial potential. University personnel shall also cooperate with the Office of Academic Affairs and sign all papers deemed by that office reasonable and necessary to protect and commercialize Intellectual Property covered by this Intellectual Property Policy. The Name of the University should be used in an Originator’s title to show institutional affiliation in connection with University-related work made public. However, the name of the University and/or Originators may not be used for promotional purposes of a commercial nature without the written approval of the Vice President and Dean of Faculty.

Disclosures are not required for circumstances meeting the criteria delineated in Section II.D. or for works of authorship where there is no intent to commercially exploit the intellectual property (examples include, but are not limited to, articles for publication in scholarly or professional journals and instructional or research material for internal use), even though the ownership of the copyright may reside in the University as determined by Sections II.A., II.B., or II.C. In cases where disclosure is not required, the University shall assign the copyright to the author for publication purposes.

C. Obligations of Principal Investigators/Project Directors

Principal Investigators/Project Directors shall be responsible for informing coworkers of their rights and obligations under contracts, grants, and the like before the initiation of research or other sponsored projects.

D. Confidentiality

Certain contractual obligations and governmental regulations require that information be maintained in confidence. Some works, such as certain computer software, may best be protected and licensed as trade secrets. Additionally, inventions must be maintained in confidence for limited periods to avoid the loss of patent rights. Accordingly, the timing of publications is important, and University personnel shall use their best efforts to keep the following items confidential (to the extent allowed by law): all information or material designated confidential in a contract, grant, or the like; all information or material designated or required to be maintained as confidential under any applicable governmental statutes or regulations; and all information relating to Intellectual Property developed by University personnel which may be protected under this Policy until application has been made for protection.

E. Collaboration

Collaboration between University personnel and persons not employed or associated with the University, including researchers at other universities or companies, can result in the development of Intellectual Property jointly owned by the University and other persons or their employers. Protection and commercialization of such joint Intellectual Property can be difficult without extensive cooperation and agreement among the owners. Accordingly, it is important for University personnel involved in, or contemplating collaborative activities that may result in, the development of Intellectual Property to advise their immediate supervisors and the Office of Academic Affairs of such activities.

F. Administration of "Sponsor-Supported Efforts" (II.A.) and "University-Assigned Efforts" (II.B.)

The Intellectual Property Committee has the responsibility to evaluate Intellectual Property developed through Sponsor-Supported Efforts and University-Assigned Efforts, and to determine whether to administer such Intellectual Property by undertaking those efforts it determines to be appropriate to protect and license or otherwise commercialize such Intellectual Property.

G. Administration of "University-Assisted Individual Effort" (II.C.)

Any Intellectual Property which is the result of University-Assisted Individual Effort, shall be administered by the Originator unless the Originator and the Committee agree to have it administered by an entity of the University. Such Intellectual Property which is administered by the University shall be treated as "University-Assigned Effort" (II.B.) Intellectual Property and shall require the Originator to assign to the University his/her share of the ownership rights in such Intellectual Property, but the Originator shall retain the right to a division of revenue as prescribed by section III. J. of this Policy.

H. Administration of "Individual Effort" (II.D.)

Intellectual Property which is administered by the Originator shall be assigned to the Originator under a simple agreement which provides for periodic reports describing the Originator's administrative activities, generation of payments or royalties, and if appropriate, payment to the University of a portion of net revenue from the exploitation of the Intellectual Property. "Individual Effort" Intellectual Property may be assigned to the University to be treated and administered as University-Assigned Effort (II.B.) Intellectual Property if both the Committee and the Originator agree to do so (see the discussion in Section III.G.).

I. Declined Intellectual Property

Whenever the University chooses not to administer Intellectual Property or chooses to cease administering Intellectual Property, such Intellectual Property, subject to any obligations to a sponsor, may be released to the Originator to dispose of as the Originator sees fit. The release of such Intellectual Property must be approved by the President.

J. Revenue Sharing with Originators

The proposed division of net revenue is presented below. Net revenue is defined as gross receipts received by the University from license activity minus contract amounts due sponsors, if any, and the out-of-pocket costs incurred by the University in protecting and licensing the Intellectual Property:

REVENUE DISTRIBUTION

	Originator	Originator's Department	Originator's Research Program	Faculty Development, Internal Grants Program
SPONSOR SUPPORTED	75%	10%	5%	10%
UNIVERSITY ASSIGNED	65%	15%	5%	15%
UNIVERSITY ASSISTED	65-90%	Remainder split equally between the three areas.
INDIVIDUAL EFFORT	100%
OTHER EFFORTS	To be determined on a case-by-case basis.

The Originator's share of net revenue shall be divided (equally) among joint Originators of jointly developed Intellectual Property unless a written statement signed by all joint Originators which provides for a different distribution is filed with the University prior to the first distribution of shared net revenue. The percentage for the Originator’s Department should be used to fund Research and Scholarship activities.

The percentage for the Originator's Research Program applies only while the Originator is employed by, and conducting research at, the University. If this is not the case, this share is reallocated to the Faculty Development, Internal Grants Program.

In the event the Intellectual Property is licensed to the Originator, or the Originator has a significant financial interest in an external entity which holds license rights, the Originator shall waive the right under the University Intellectual Property Policy to receive the Originator's share of royalties identified above (except when the development of the Intellectual Property meets the criteria established for the Individual Effort category, in which case this clause does not apply).

In the event the Originator does not receive the Originator's share, that share shall be distributed to the other parties in the proportions detailed above.

In the event the terms of the license of the Intellectual Property provide the University with equity, or an option to acquire equity, in the entity which licenses the Intellectual Property, the share of such equity due to Originators as identified above will be distributed to the originators when such equity is transferable or convertible to cash.

Under both of these circumstances, either the Originator or an entity in which he/she has a significant financial interest already is taking a significant share of the royalties "off the top."

K. Interpretation, Decision, and Appeal

Cases where the Originator and the University agree to the classification and proposed mechanism of commercialization of the Intellectual Property will be processed by the University in accordance with this policy. All cases in which questions arise as to equities, rights, division of royalties, or any other Intellectual Property-related matter shall be referred to the Intellectual Property Committee for consideration, interpretation and application of policy, and decision. Appeal of an Intellectual Property Committee decision shall be to the Vice President and Dean of Faculty, then to the President, and, finally, to the Board of Regents. Appeals within the University must be made in writing within sixty (60) days of written notice of a final decision. Appeals to the Board of Regents shall be made in accordance with Article IX of the Bylaws of the Board, which requires that all appeals be filed within twenty (20) days of the final decision of the President of the University.

IV. PREVAILING POLICY AND HEIRS AND ASSIGNS

A. Prevailing Policy

In the event of conflicts between the Intellectual Property Policy of Armstrong Atlantic State University and the Intellectual Property Policy of the Board of Regents of the University System of Georgia, the Intellectual Property Policy of the Board of Regents shall prevail.

B. Heirs and Assigns

The provisions of this Policy shall fix the interests of and be binding upon the heirs and assigns of (1) all University personnel and (2) all others who agree to be bound by it.

V. DEFINITIONS

Intellectual Property shall be deemed to refer to copyrighted materials, patentable materials, software, trademarks, and trade secrets, whether or not formal protection is sought.

Copyrighted Materials shall include the following: (1) books, journal articles, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests, case studies, and proposals; (2) lectures, musical or dramatic compositions, unpublished scripts; (3) films, filmstrips, charts, presentations, transparencies, and other visual aids; (4) video and audio CD’s, tapes or cassettes; (5) live video and audio broadcasts; (6) programmed instructional materials; (7) mask works; (8) research notes, research data reports, and research notebooks; and (9) other materials or works other than software which qualify for protection under the copyright laws of the United States (see 17 U.S.C. Section102 et seq.) or other protective statutes whether or not registered thereunder.

Mask Work means a series of related images, however fixed or encoded: (i) having or representing the predetermined, three dimensional pattern of metallic, insulating, or semiconductor material present or removed from layers of a semiconductor chip product; and (ii) in which series the relation of the images to one another is that each image has the pattern of the surface of one form of the semiconductor chip product (see 17 U.S.C. Section 901 et seq.).

Novel Plant Variety means a novel variety of a sexually reproduced plant (see 7 U.S.C. Section 2321 et seq.).

Patentable Materials shall be deemed to refer to items other than software which reasonably appear to qualify for protection under the patent laws of the United States (see 35 U.S.C. 101  et seq.) or other protective statutes, including Novel Plant Varieties and Patentable Plants, whether or not patentable thereunder.

Patentable Plant means an asexually reproduced distinct and new variety of plant (see 35 U.S.C. Section 161).

Significant Financial Interest means anything of monetary value, including, but not limited to, salary or other payments for services (e.g., consulting fees or honoraria); equity interests (e.g., stocks, stock options, or other ownership interests); and intellectual property rights (e.g., patents, copyrights, and royalties from such rights). This definition applies equally to the Originator, his or her spouse, or his or her dependent children.

Software includes one or more computer programs existing in any form, or any associated operational procedures, manuals or other documentation, whether or not protectable or protected by patent or copyright. The term "computer program" shall mean a set of instructions, statements, or related data that, in actual or modified from, is capable of causing a computer or computer system to perform specified functions.

Trademarks shall include all trademarks, service marks, trade names, seals, symbols, designs, slogans, or logotypes developed by or associated with the University System or any of its institutions (see 15 U.S.C. Section 1127).

Trade Secrets means information including, but not limited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which: (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy (see O.C.G.A. Section 10-1-761).

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