In the event of any inconsistency between the Danish and English language versions of the document, the Danish version prevails.
If the University demands the right to have an invention transferred, the inventor is entitled to reasonable remuneration if the right to the invention is utilised commercially and if such commercial utilisation gives rise to income in excess of the expenses defrayed by the University.
1.1 In connection with such transfers, the inventor will receive the following remuneration:
The inventor will normally be paid 15% of the income until the University's accumulated external expenses in protecting and utilising the invention have been covered.
In special circumstances, the inventor may be paid a fixed, one-off payment instead of (or in addition to) this figure.
The inventor may not receive more than a total of DKK 75,000 until the University's accumulated external expenses have been covered.
1.2 From the moment the University's accumulated external expenses have been covered, the inventor will normally be paid 1/3 of the net income, i.e. after deduction of the University's expenses incurred in connection with ongoing marketing, maintenance and defence of the rights etc.
Any amounts paid already will be deducted from the remuneration paid after the University has covered its accumulated external expenses.
1.3 The expenses included in calculating the accumulated external expenses are as follows:
Other types of expense may be included subject to agreement between the inventor and the University.
If it is agreed that the right to an invention should be utilised commercially by the inventor, the University is similarly entitled to reasonable remuneration.
2.1 If the inventor assumes the right to utilise the invention commercially himself or with others from the outset, the inventor shall also assume the full financial risk involved, including expenses incurred in protecting rights etc.
In this situation the University will normally be paid 1/3 of the net income generated by commercial utilisation after the inventor has covered his accumulated external expenses in connection with protection etc. (cf. point 1.3 above). When calculating the net income, all expenses incurred in connection with registration, marketing, and maintenance and defence of rights etc. will be deducted first, so that no remuneration will be paid to the University until a genuine profit has been made.
2.2 If the inventor assumes the right to utilise the invention commercially himself or with others at a later stage, the situation is that the University has defrayed previous expenses but that the inventor now assumes the future financial risk, including the expenses incurred in continuing to protect the rights. Consequently, the expenses incurred by both parties shall be covered to a suitable degree if subsequent utilisation of the rights generates an income.
Until the parties have covered the expenses accumulated by each of them on commencement of the utilisation generating an income, income will be divided between the University and the inventor in a proportion corresponding to the ratio between the accumulated expenses of the two parties at this time.
After all the accumulated expenses have been covered, the University normally receives 1/3 and the inventor 2/3 of the net income, i.e. after deduction of the inventor's expenses in connection with ongoing marketing and maintenance and defence of the rights.
For projects carried out in collaboration with (or entirely or partially financed by) parties not covered by the Act, the University may on behalf of itself and its employees sign prior agreements with such partners entirely or partially waiving its right to any inventions arising from such partnership projects. Half the income generated by such waivers will normally be distributed to the University, and half to the inventor.
The University wishes to make an active contribution to the usefulness of inventions, so following specific assessment in each case - particularly if an employee who has made an invention wishes to establish their own company alone or with others with a view to the commercial utilisation of the invention - the University will agree to remuneration in forms other than those specified above, including the receipt of shares in any such company.
University of Aarhus, 12 December 2002
Niels Christian Sidenius
Approved by the Danish Ministry of Science, Technology and Development, 14 January 2003