letter of commitment

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LETTER OF COMMITMENT

With this Letter of Commitment I, hereby declare my commitment to participate in research funding preparation concerning the below defined research project.

Purpose of the Letter of Commitment

The University of Jyväskylä (“JYU”) is applying for a research funding from the Finnish

Funding Agency for Innovation (“Tekes”) or Academy of Finland (“Akatemia”) for a research project called fill in (“Research”) which aims to fill in. With this commitment I express my willingness to participate in the Research as a visiting Finland Distinguished

Professor (“FiDiPro”). If the funding is received, I will be available for a part time employment by JYU for a time period fill in.

Commitment

By signing this Letter of Commitment I

 take a role describe a role of FiDiPro in research funding preparation;

 understand that I shall sign a transfer of rights agreement in order to fill the requirements set to the JYU in the Tekes/Akatemia funding decision and

 research contract signed with the sponsors of the project; affirm that I have familiarized myself with a model transfer of rights agreement which is enclosed to this commitment; affirm that I have informed fill in the name of the home organization of my intended role in Research, my position as an employee of JYU and other responsibilities under this commitment

 affirm that I have no obligations which might affect or be in conflict with this commitment.

 understand that any pre-existing intellectual property developed outside the Research and that has relevance to my work at JYU shall be listed in detailed below:

(please define the relevant IP and any rights held by FiDiPro or third parties including his/her home organization)

A separate contract may be negotiated with fill in the name of the home organization or alternatively

 affirm that I do not hold any pre-existing intellectual property rights that has relevance to my work at JYU

 affirm that I do not disclose any confidential information which I receive during a research funding preparation phase to any third party without

JYU’s written consent. In unclear situation I shall contact fill in the name of the scientist in charge of the project.

Done at signature of FiDiPro candidate fill in the name of the home organization

I affirm that the above mentioned information is given to me and I accept FiDiPro candidate’s participation in Project signature of X fill in the name of the home organization

Contact information of the director of the candidate's home unit abroad fill in

Appendix 1 Model transfer of right agreement

Appendix 1 Model transfer of right agreement

INVENTION AND COPYRIGHT AGREEMENT

1. Parties to the agreement

This agreement is made by and between the University of Jyväskylä

(hereafter referred to as ”University”), and it’s employee visiting professor x

(hereafter referred to as “Visiting professor”) participating in the research project specified below.

2. Purpose and subjects of the agreement

This agreement shall apply to the following research project:

Name of the Project: fill in the name of the project

Unit carrying out the Project: fill in the name of the department

Estimated duration of the Project: fill in

The purpose of this agreement is to transfer rights to the Foreground and

Research Material from the Visiting professor to the University in order to fill the requirements set to the University in the funding decision and/or research contract signed with the sponsors of the project.

The subject of this agreement shall be copyrights, rights to inventions and other intellectual property rights of research results such as reports, statements, computer programs (including source code), inventions and/or other results originated either as the final result or in the process of carrying out the afore-mentioned research project (hereafter referred to as

“Foreground”). In addition this agreement applies to research material collected during the Project whether or not it can be protected by immaterial property rights. Research forms, enquiries, surveys, measurements, data whether analyzed or not and other material on which the Foreground is

based is considered as research material (hereafter referred to as “Research

Material”).

In addition to this agreement the Act on the Right in Inventions made at higher Education Institutions (369/2006) and University´s regulations on inventions shall apply.

University´s Regulations on Inventions can be found on the web page of the

Research and Innovation Services.

3. Transfer of rights

The Visiting professor shall hereby transfer rights to Research Material and

Foreground (as well as rights to modify and to transfer the rights to a third party) mentioned in section 2 to the University.

4. Report of invention and work

The inventor of a patentable or otherwise protectable invention is obliged to inform the University of the invention in writing without delay. The contact person of the University is the Innovation Advisor.

An invention report form is available on the web page of the Research and

Innovation Services.

The rector of the University confirms annually the rewards paid to the inventors.

5. Results/Research Material of research that can be commercialized

Occasionally the Foreground and Research Material can be utilized commercially after the project has been finished. Protection measures and/or commercialization of the Foreground and Research Material always cause expenses, but when these procedures are successful the University might gain income. The innovation services assist researchers and research groups in assessing chances of utilization of Foreground/Research Material, in finding potential co-operation partners and in transferring know-how and technology into business.

In case the University receives net income, it will be distributed according to the following principles:

- 50 % of the net income is paid to the scientist(s)/experts(s) who has/have generated the said Foreground and Research Material. Each scientist’s/expert’s share of net income shall be defined case by case taking

into account his/her contribution in creating the Foreground and/or Research

Material.

- 25 % of the net income is paid to the department(s) involved in the research

- 25 % is allocated to the University’s common funds

Researchers/experts shall have right of first refusal to negotiate commercial exploitation of the Foreground/Research Material as part of new business in which they operate as an entrepreneur unless contractual obligations in the research project or general terms and conditions for research funding binding the university otherwise stipulate (Rector’s decision 2.5.2013 – Staff´s right of first refusal to negotiate on commercialization of IPR)

6. Confidentiality and publication procedures

The provisions regarding confidential information and publication rights shall be agreed on in the research contract between the parties participating in the research project. The Visiting professor shall follow the provisions of the research contract concerning confidentiality and publication procedures.

The Visiting professor may not publish the results of the research, the background information or the Research Material used in the research in a way which might endanger the protection of an invention or cause disclosure or unlawful utilization of confidential information owned by the University or by a third party.

The obligations of the Visiting professor deriving from this agreement do not restrict the right to use the knowledge gained in this research project in further scientific research or in teaching. However, the Visiting professor must always observe the non-disclosure obligations regarding confidential information.

7. Other liabilities

OPTION

Visiting professor remains employed by fill in the name of the home organization during the Project. Therefore inter-institutional agreement for joint invention management and other intellectual property rights may be negotiated between the University of Jyväskylä and fill in the name of the home organization.

OPTION ENDS

The parties to this agreement affirm that they do not have any other obligations which might affect or are in conflict with this agreement.

The Visiting professor shall not include in Research Material or Foreground any material owned by a third party (hereafter referred to as Third Party

Material), unless the said third party explicitly allows this by giving a permission in writing. Utilization of open source licensed Third Party Material in the project requires a prior approval from the scientist in charge of the project and if needed, from the project steering group.

In case the Visiting professor includes his/her proprietary material (hereafter referred to as Researchers´ Material) into Research Material or Foreground or the Researchers´ Material is required in order to utilize the Research

Material or Foreground, the Visiting professor agrees to transfer the right to use, modify and transfer further this Researchers´ material. The extent of said rights shall be defined in accordance with the research contract and with terms of financing. The transfer of the right to use the Researchers´ Material is free of charge, unless the parties agree otherwise in advance and in writing.

8. Commencement date

This agreement shall be considered as having entered into force for each signatory at the moment of signing. In case the project has started before signing, the agreement shall have retroactive effect from the beginning of the project as specified in section 2.

9. Settlement of disputes

All disputes arising out of this contract shall be settled primarily by negotiations between the parties. However, if the negotiations do not lead to a solution, the dispute shall be settled in the District Court of Central Finland unless due to mandatory forum regulations the case must be tried at the

Market Court.

10. Copies

This agreement has been made in two identical copies, one for each Party.

Signatures

UNIVERSITY OF JYVÄSKYLÄ

In Jyväskylä / 2015 ______________________________

Dean/ Head of Independent Institute

EMPLOYEE

In Jyväskylä / 2015 ______________________________________

Visiting professor x

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