INTELLECTUAL PROPERTY POLICY OF
…………..
- POLICY STATEMENT
2. OBJECTIVES
- Promote the fundamental object and purpose of facilitating and creating indigenous technology, and creative and innovative capability
- Protect the Organization’s integrity, interests and intellectual property generated
- Provide the staff with fair and reasonable recognition and remuneration
- Encourage and develop Organization growth, progress and success through active application of intellectual activity in industry and commerce
- Create a secure environment where original inventions/innovations can be protected
3. SCOPE
Depending on the organization, insert the scope of the policy here
4.
TYPES OF IP RIGHTS
- Patents
- Registered and Unregistered Trademarks
- Industrial Designs
- Copyright
- Geographical Indications
- Layout Design of Integrated Circuits
- Plant Variety Rights
- Confidential information
5. OWNERSHIP
5.1 Claim of Ownership
The organization claims ownership of all Intellectual Property created by an
employee in
the
course of their employment with the organization, even if the Intellectual
Property
is conceived outside the premises of the organization or at the
collaborator’s premises.
5.2 The organization will claim ownership of
Intellectual Property where:
- Generation of the Intellectual Property has involved substantial use of the organization’s resources and/or services. The organization does not construe the use of ordinarily available resources such as office equipment, computer workstations, library and other general information resources as constituting substantial use of the organization’s resources
- Generation of the Intellectual Property has resulted from the use of preexisting Intellectual Property owned by the organization
- The Intellectual Property forms part of Intellectual Property generated by a team of employees and visitors to the organization
- The Intellectual Property has been generated as a result of specific project funding provided or obtained by the organization
5.3 Courses
developed and taught by employees of the organization belongs to
the organization. Any courses that are videotaped or recorded using any other
media are
the organization’s property and may not be distributed without permission
5.4 Ownership
of all Intellectual Property that is developed in the course of or
pursuant
to a sponsored research or other
agreements, to which the organization is a party, shall
be determined in accordance with the terms of the sponsored research or other
agreements
5.5 Individuals
may not use the organization’s resources including facilities, personnel,
equipment or any confidential information for outside consulting activities or any other
activities in pursuit of personal gain
5.6 The
originator/inventor/designer shall cooperate and assist the organization in all
phases in the registration of the Intellectual Property and shall assign the
resulting Intellectual Property to the organization
5.7 The
organization reserves the right to decide in which countries it will seek Intellectual Property protection.
5.8 In
cases in which the organization has an ownership interest in an invention but
either does not register the statutory Intellectual Property interest within
one year or fails to make a positive determination regarding pursuit of the
statutory Intellectual Property interest within a period of 6 months from the
date of disclosure of the IP to the Organization’s Secretariat, the matter
shall be submitted to the IP Committee for a final determination
6.
WORK OF NON-EMPLOYEES
The organization will enter into an
agreement with the non-employees. Work
of
non-employees includes but not limited to work done by consultants,
visitors,
fellows, independent contractors, etc.
7. WHOLLY
OWNED SUBSIDIARIES AND JOINT - VENTURE COMPANIES
a) The IP Policy shall apply without
limitations
b) Joint-venture or not wholly owned
company - to share equity based on proportion
8. EXTERNAL TECHNOLOGY SUPPLIERS
The supplier shall either own the IP rights or the company be legally licensed
to sell,
transfer or
sub-license the technology to any third party.
External supplier must also
indemnify the
organization against damages for infringement.
9. FOR UNIVERSITY
Research
Output from Undergraduate and Post-Graduate Students Wholly owned by University
10. COLLABORATIVE WORK
Organization will negotiate with the
collaborator(s) to retain the ownership of the IP rights.
11. ACQUISITION OF SOFTWARE
a) The organization will make every effort
to ensure that all software used in the organization
is properly licensed. Where software and databases used in the
organization are owned by
users
or third parties and are protected by copyright and/or other laws, or subject
to license
or
other contractual arrangement, it is the policy of the organization that users
abide by any
legal
restrictions imposed by the owner of the software or databases. It is the responsibility
of
the owner of the protected software or databases to make the nature of the
restrictions
known
to the user.
b) Wherever possible the organization will
negotiate with software suppliers to ensure that their license rights do not
constrain use of the software by the organization, its employees and visitors
or impair the organization’s right to develop and distribute software which is
dependent upon the acquired software.
12. DISCLOSURE
No
disclosure prior to securing IP rights.
Inventors or researchers to provide all information for IP application
by using an Invention Disclosure Form.
13. PUBLICATION
The author
shall be named as such in the publication.
The publication rights shall belong to the organization or University
14. DISPOSITION
The organization shall have the sole
discretion to dispose the IP
15. COMMERCIAL DEVELOPMENT
The organization shall have the sole
discretion to commence commercial development
on an
invention following consultation with the inventor(s)
16. INCENTIVES, AWARD AND REWARD SCHEMES AND
ROYALTIES
a) The organization will have the sole
discretion to determine the incentives, award
and reward schemes
b) One-off payment vs. sharing of
royalties
17. EMPLOYEE AND VISITOR
OBLIGATIONS
a) Terms and conditions of Employment - HR to include confidentiality
clauses and NDA
b) Confidentiality Agreement and NDA for Visitors
c) Official Secrecy Act
requirements for government employees, if applicable
18. BREACH
Action taken by organization. Types of action – warning letter, demotion,
etc.
19. WAIVERS
The organization has the sole
discretion to give waivers and is decided on a case by case basis
20. IMPLEMENTATION
AND ADMINISTRATION
a) The Policy is implemented through a
IP Policy Implementation Manual
b) The administration is carried out
by an IP Unit/Department which acts as a Secretariat
and reports to an IP Council or
Committee
(F) SETTING THE IP INFRASTRUCTURE
- Review organizational structure in lieu of Policy
- Assignment of IP personnel in the organization (in big companies - have IP departments, in small organizations - have IP units/sections)
- Appoint IP personnel and determine job functions of IP personnel
- Appoint IP Committee Members or IP Steering Committee Members or IP Council Members
(G) DISSEMINATION AND IMPLEMENTATION
- Conduct road show to disseminate the IP Policy and Implementation Manual to all staff so that they are aware of such policy
- Upload the IP Policy onto the organization website to inform the public and visitors
- Update and review the Policy from time to time (to keep in pace with the development of laws and the working environment) Monitoring and enforcement
