Academic Council considers intellectual property policy

In an age when technological advancements are outmoded faster than you can say "Microsoft," it can often be difficult to foresee the challenges ahead.

Duke, like many universities across the country, now faces the difficult task of foreseeing those challenges as it establishes a policy regarding intellectual property rights.

Thursday, the Academic Council reviewed the Intellectual Property Committee's proposed policy in preparation for a vote in May.

The intent of the policy is to "preserve all elements of the traditional academic sphere, yet provide a mechanism for the entry of Duke University into on-line forms of instruction..." wrote committee co-chair Hadley Cocks, chair of the Department of Mechanical Engineering and Materials Science, in a letter to the council.

The University's first policy on inventions, patents, and technology transfers was approved by the Board of Trustees in 1979, and although it has been revised several times since, the rapidity of technological breakthroughs prompted the most recent reevaluation.

Committee co-chair David Lange, professor of law, acknowledged the difficulties of formulating an effective policy in the shifting technological environment but expressed confidence in the current proposal. "Overall, if you look at the University's policy you will see on one hand that it is generous and flexible, and on the other hand, exacting where it needs to be," he said.

The Intellectual Property Committee faced difficulties similar to those of universities across the nation, Lange said, in everything from defining what a course is to determining what constitutes a conflict of interest.

The policy defines works created in the classroom as part of the course, entitling the University to some stake in them. Meanwhile, professors' lecture notes and other materials brought into the classroom remain the intellectual property of the professor.

Lange's presentation met with many queries from the faculty, as they began to familiarize themselves with the implications of the policy and pose potential scenarios under which there might be conflicts of interest. As they consider working with online firms, faculty must clear potential conflicts with a dean or department chair.

Lange assured those concerned that they would maintain as much control as possible over their work. He emphasized that the policy is not excessively limiting of faculty, but that it does take into account the University's desire to protect commercial usage of its name and logo.

It would also outlaw students' sale of class notes unless approved by the instructor.

IN OTHER BUSINESS: Executive Vice President Tallman Trask presented the recently revised campus master plan, which will be voted on at the May 11 meeting. The draft Board of Trustees resolution on the plan endorses the principles and goals of the plan but not necessarily the specific details; the Academic Council may pass a similar resolution.

The council voted unanimously to establish a Department of Biostatistics and Bioinformatics and considered creating a doctoral program in biology.

Trinity juniors Matthew Baugh, Heather Hartig, Brian Skotko and Anil Vedula were named the 2000-2001 Faculty Scholars.

Richard Rubin contributed to this story.

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