Proceso de revisión de las Normas Mexicanas de Alimentos

Provided the Employer advises the Author of his/her right to consult with the Association, prior to entering into the agreement, the Author and the University may enter into an agreement for revenue sharing and/or recovery of costs incurred by the University with respect to Works resulting from the use of additional funds or equipment above and beyond the normal University Resources provided to Authors. The cost recovery shall be derived from Net Revenue generated by the Work.

17.2.3 Internal Use

Where the Author owns Copyright in the Work, the University shall have a non-exclusive, non-transferable, royalty-free right to use the Work in exigent circumstances for archival and internal administrative, noncommercial research and/or educational purposes for no less than one (1) full academic year and no more than two (2) full academic years, unless otherwise agreed in writing. This use:

a) Does not imply a right to transfer, license or commercially exploit such Works, but the University has the right to use such Works for internal educational purposes;

b) Does not extend to lecture notes, course notes, laboratory notes or laboratory manuals, works in progress regardless of format or method of delivery, individual course websites created by the Author, examinations, and other Works prepared by the Author and intended for use only by the students registered in the Author’s course, except for such Works created for multi-section courses or laboratories or created by collaborative efforts;

c) Is subject to the Copyright requirements of academic journals and other vehicles of scholarly dissemination and shall not interfere with the Author’s right to enter into an agreement to publish such Works.

17.2.4 First Rights of Refusal and Residual Rights

The Employer shall inform the Author(s) and the Association in writing of any agreements it enters into purporting to assign Copyright in any materials of which it is the copyright holder. Where the University owns the Copyright in the Work, the Author shall retain: a) The first right of refusal to revise, rework or otherwise edit or amend the Work

when reasonably necessary as determined by the Employer. The Author may, on his/her own initiative, request the opportunity to revise the Work. Such opportunity shall not be unreasonably denied;

b) The right to be identified with the Work unless the Author, at his/her sole discretion elects, in writing, not to be identified with the Work;

c) The right to use any course material in his/her teaching and research at this or another University, or educational institution, provided that the Author does not transfer, license, or sell such course material without the prior written consent of the Employer;

d) The first right of refusal to teach courses based on the Work subject to satisfactory performance.

33 Other Obligations and Rights in Works

17.2.5 The Author has no obligation to Commercialize a scholarly work or to provide commercial justification for it.

17.2.6 The Author is not required to disclose to the Employer his/her intention to publish or otherwise disseminate a Work owned by the Author.

17.2.7 Subject to this Article, the University shall not be entitled to revenue earned from Commercialization of a Work owned by the Author.

17.2.8 The University shall protect the Author’s moral rights and shall not enter into any agreement with a third party waiving the moral rights of an Author without advising the Author of his/her right to consult with the Association prior to the Author executing any agreement and obtaining the Author’s written consent.

17.2.9 Prior to signing an agreement with the Author to waive the Author’s right, title or interest to Work, the Employer shall advise the Author of his/her right to consult with the Association. When the University has entered into such an agreement with the Author, it shall inform the Association of the date of the agreement and the name of the Author. The University shall not impose conditions without just cause on an Author that restrict the rights of an Author to publish the results of his/her research without undue delay, except with the Author’s written consent.

17.3 Other Intellectual Property

The Member owns Other Intellectual Property created during the course of University activities and/or using University Resources, and when the Member wishes to commercialize Other Intellectual Property, the following provisions shall determine the proportionate shares of ownership of the Other Intellectual Property, net revenue distribution and the terms of commercialization:

a) The Member’s intellectual and/or scholarly contribution;

b) The degree of the Employer’s participation in the development of the Other Intellectual Property prior to commercialization with respect to:

(i) obtaining grants and providing other specific funding or financial supports; (ii) providing research assistants and provision of and reliance on additional IP support;

(iii) seeking and obtaining outside investments; and

(iv) granting release time from teaching to allow focus on further research with respect to the Other Intellectual Property.

It is understood and agreed that the University Work Environment as defined in 17.1.14 is not to be included in the analysis.

c) The degree of the Employer’s, Member’s, and/or Third Party’s participation in the commercialization process with respect to costs and risks borne by the relevant parties;

d) Any other contractual arrangements to which the Employer and Member are privy; and

34

e) Such other factors as may be relevant under the circumstances

17.3.1 Ownership of Other Intellectual Property created during the course of University activities and/or using University Resources shall be determined in accordance with the provisions of 17.3 a) through e) subject to the following exceptions:

a) The University or a third party may own or have a license to use Other Intellectual Property created pursuant to a written agreement with a third party, provided that the Employer advises the Member of his/her right to consult with the Association prior to the Member’s execution of a written agreement and obtains the Member’s written consent.

b) The Member may voluntarily assign or license his/her interest in Other Intellectual Property to the University. No such assignment or license shall diminish the Member’s right to revenue sharing under this Article.

Neither the Member nor the University shall have an obligation to Commercialize Other Intellectual Property. Members have no obligation to modify research to enhance the potential for Commercialization.

Members may Commercialize Other Intellectual Property independently of the University, subject to the provisions of 17.3 a) through e) and/or any rights granted to a third party pursuant to a written agreement consented to by the Member and/or the University’s right to revenue sharing and cost recovery pursuant to this Article.

Members must disclose to the Employer their intention to Commercialize Other Intellectual Property, whether or not they choose to involve the Employer in the Commercialization process. The Employer agrees not to disclose such information externally without the prior written consent of the Member.

The University and Member may enter into a written agreement to pursue Commercialization of Other Intellectual Property. All such agreements are subject to the provisions of this Article.

Members hereby grant to the University solely for its internal, non-commercial use, a non- exclusive, royalty-free, irrevocable, indivisible, and non-transferable right to any patented device, equipment, improvement, design, development or process arising from Other Intellectual Property. This use does not imply a right to transfer, license or commercially exploit such Other Intellectual Property in any manner except as otherwise explicitly provided in this Article.

Prior to signing an agreement with the Member to waive the Member’s right, title or interest to Other Intellectual Property, the Employer shall advise the Member of his/her right to consult with the Association. When the Employer has entered into such an agreement with the Member, it shall inform the Association of the date of the agreement and the name of the Member.

17.3.8 In cases where University Services have been used to Commercialize Other Intellectual Property, ownership and sharing of Net Revenue earned from Commercialization of Other Intellectual Property shall be determined in accordance with 17.3 a) through e) or in the absence of an agreement between the Member and the Employer, shall be determined through the dispute resolution process outlined in 17.4.