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Bases for Disposal of Intellectual Property

Established by Regulation No 4 of 30 October 2015 of the Board of Governors of Tallinn University of Technology
Amended by Regulation No 2 of 8 November 2019 of the Council of Tallinn University of Technology (entry into force 25.11.2019)

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This Regulation is established based on subsection 5(1) of Regulation No 2 of 25 November 2014 of the Board of Governors of Tallinn University of Technology “Principles for the acquisition, encumbrance with limited real right and transfer of assets”

§ 1. Scope of application

This Regulation lays down the bases for transfer and grant of use (disposal) of intellectual property owned by Tallinn University of Technology.

§  2. Ownership of intellectual property

Tallinn University of Technology can have rights to the results of an author’s creative activity based on either intellectual property legislation, a contract entered into between the author and the university or on any other basis.

§ 3. Deciding on the disposal of intellectual property

(1) Tallinn University of Technology shall dispose of intellectual property pursuant to the procedure laid down by law, this Regulation, Statutes of Tallinn University of Technology and legislation established on the basis thereof.

(2) Decisions on the disposal of intellectual property shall be made by the Rector or a person appointed or authorised by the Rector.

(3) The intellectual property disposal transactions must be necessary for the university and verifiable.

(4) Intellectual property shall be disposed of in compliance with the university’s goals as well as the contracts concluded or to be concluded for teaching, research or development.

(5) Intellectual property shall be disposed of in a manner as beneficial as possible to the university, in compliance with the strategic goals of the university and with an aim to receive the maximum possible revenue and to serve the Estonian economy, business and industry in mutually beneficial cooperation with the authors.

(6) The university may assign its economic rights first and foremost to the author if acquisition of these rights is not necessary for the university.

(7) The Rector, with the approval of the Council, shall decide on the conclusion of a disposal transaction, if the transaction value is more than 500,000 euros.

§  4. Distribution of revenue

(1) The revenue received, less any costs related to management of the intellectual property, including the costs of application for, grant of, continuation of validity of legal protection and expenses related grant of use thereof, and liabilities to third parties, is deemed to be revenue from disposal of intellectual property. The revenue allocated to the author and distributor includes all the taxes related to the payment, withholdings and other financial obligations.

(2) Revenue shall be distributed based on the following principles:

1) in case of the disposal of copyright and rights related to copyright, the holder of the rights shall receive the revenue unless otherwise agreed;

2) in the case of the disposal of industrial property, the revenue shall be distributed as follows: 40% of the revenue shall be allocated to the authors, 20% to the university and 40% to the distributor.

§  5. Implementing provisions

(1) The Rector shall adopt the procedure for disposal and use of intellectual property based on this Regulation.

(2) The Regulation shall enter into force from the moment of signing.