Oriental University, Indore
In continuance of its 10 years of service to the nation, Oriental University, Indore has dedicated itself in providing the technical man power and know -how with a mission of remaining one of the leading centres of teaching, research and extension in all fields through total commitment to excellence in every endeavour.
Intellectual property plays an important role in providing a competitive edge to an organization. The intangible assets of an organization - such as knowhow, inventions, brands, designs and other creative and innovative products - are, today, often more valuable than its physical assets.
Intellectual Property Rights Policy Document (hereinafter referred to as the Policy) of the Oriental University, Indore seeks to provide guidance to academic and non-academic staff, students, scholars, and outside agencies on the practices and the rules of the Institute regarding intellectual property rights (IPR) and obligations which include the nature of intellectual property (IP), its ownership, exploitation, technology transfer and confidentiality requirements.
The policy laid down in this document is expected to fulfill the commitment of the Institute to promote academic freedom and provide a conducive environment for research and development. It will also enable the Institute to make beneficial use of such developed intellectual property for the greatest possible benefit to the public, the Institute, and the creators/inventors involved.
Agreement is the document created with mutual consent of involved parties defining the rights, roles and responsibilities of each of the parties, for example, Research Agreement, Consultancy Agreement, Non Disclosure Agreement (NDA), etc.
‘Creator’ refers to an individual or a group of individuals at the Institute, who make, conceive, reduce to practice, author, or otherwise make a substantial intellectual contribution to the creation of any intellectual property. ‘Creator’ includes an ‘inventor’ in the case of inventions under Patent Law, an ‘author’ in the case of works falling under the Industrial Designs Law and/or Copyright Law.
'Copyright' means the exclusive right granted by law for a certain period of time to an author to reproduce, print, publish and sell copies of his or her creative work.
'Conflict of Interest' or a potential ‘Conflict of Interest' exists when an inventor/author is or may be in a position to use either creative work or influence for unmerited personal or family gain.
‘Institute’ means Oriental University, Indore.
‘Institute personnel’ means part-time and full-time members of the faculty, technical, administrative or the supporting staff and employees, undergraduate and postgraduate students, doctoral and postdoctoral fellows of the Institute.
‘Institute Resources’ mean facilities such as office space, standard laboratory facilities, library, normal access to software, computers and networks, standard secretarial services, salary and perquisites.
‘Intellectual Property’ broadly includes any property generated out of intellectual effort of the creator(s). Intellectual Property Right (IPR) includes but is not limited to copyrights and copyrightable materials, patented and patentable inventions, tangible research results, trademarks, service marks and trade secrets.
'Invention' includes but is not limited to any new and useful process, formula or machine conceived or first reduced to practice in whole or in part, defined within the purview of the Patent Act. Invention means the Invention as defined by The Patent Act, 1970 (as amended). Inventors are persons who produce an invention.
'Licensing' is an authorization to permit the IP right by the owner under certain consideration. Non-Disclosure Agreement (NDA)/Confidentiality Agreement‐ The agreement intends to protect proprietary or confidential information among the parties involved in executing a NDA.
‘Patent’ means a patent granted under the provisions of the Indian Patents Act, 1970
'PCT Application' A PCT (Patent Cooperation Treaty) is a system of filing a patent application in several countries through a single application keeping the priority of the first filing in any of the countries within the PCT system. This is administered by the World Intellectual Property Organisation (WIPO) in Geneva.
‘Public disclosure’ is any non-confidential communication which an inventor orinvention owner makes available to one or more members of the public, revealing the existence of the invention and enabling an appropriately experienced individual ("person having ordinary skill in the art") to reproduce the invention.
‘Intellectual Property Management Committee’ is the committee constituted by the Chairperson from time to time to evaluate and make recommendations regarding IPR related issues.
‘Revenue’ is any payment received as per an agreement by the Institute usually for legal use of a patent through a license.
'Royalty' is the payment made to an inventor/author or an institution usually for legal use of a patented invention or any Intellectual Property when licensed.
'Trade Mark / Service Mark' is a distinctive word, symbol or picture or acombination of these, which is used by a business entity to discriminate its products and services from those of other business entities.
'Trade Secret’ refers to some information such as know-how of commercial orstrategic value that is not disclosed to all and is used in a restricted manner.
The arrangement has made to support and value the inventive thoughts and innovative works of the Institute staff.Policy also thinks about the utilization of their expression of ideas and creative works for the betterment of the society. It portrays how to build up a thought [inventive] and imaginative works for usage of the open enthusiasm without disregarding the advantage of individual innovators, creators, and Institutions. This arrangement however proposes taking the possession or power over insightful work, yet it won't thwart the privilege of researcher to distribute book or article. This arrangement is material to all the Institute staff who has utilized the assets of the Institute.
(a) Encourage, make mindfulness, and encourage the procedure of verifying and securing the IP rights produced at Oriental University.
(b) Initiating and seeking after all activities and deeds to look after, arraign, and keep in vogue the verified IP privileges of the Institute
(c) Pursue all the vital strategies and activities to encourage, catalyze, and bring to shoulder the Transfer of Technologies, including the commercialization, permitting, what's more, different methods for scattering the advancements created by the Institute.
The intellectual properties can be broadly listed as:
(c) Trademarks including service marks
(d) Industrial designs
(e) Integrated Circuit (IC) layout designs
(f) New plant variety
(g) Traditional knowledge and Geographical Indications
(h) Undisclosed information
Patent, Copyright on Software, Industrial design, IC layout design and new plant variety
(A) IP is owned wholly or exclusively by ORIENTAL UNIVERSITY INDOREif:
- It is generated either through sponsored/facilities exclusively provided by ORIENTAL UNIVERSITY INDORE or with sponsored/facilities provided by ORIENTAL UNIVERSITY INDORE and external agencies but without any agreement or contract.
- It is generated through sponsored research and consultancy projects without any agreement or contract.
iii. It is generated under any agreement including “work for hire”, “work commissioned” and/or outsourced exclusively by ORIENTAL UNIVERSITY INDORE.
- It is generated through an assigned agreement in that case ownership shall be transferred to ORIENTAL UNIVERSITY INDORE (such as work of programmers, writers for publications of ORIENTAL UNIVERSITY INDORE, etc.)
- It is generated by different individuals of/for ORIENTAL UNIVERSITY INDORE with their contribution (such as software or technology or process development etc.) over a period of time which is not assigned.
(B) IP can be owned by Third party (ies) (exclusively or jointly with ORIENTAL UNIVERSITY INDORE) if:
- It is generated through external funding from Third party (ies) including sponsored research, consultancy projects and other collaborative activity (ies) with an agreement.
- It is generated through collaborative project(s) or activity (ies) with Third party(ies) with agreement (s) without any external funding.
iii. It is generated through the contribution of ORIENTAL UNIVERSITY INDORE faculty/staff/student/research scholar during their visit to a Third party Institution/organization. iv. It is generated through the contribution of Third party who visits to ORIENTAL UNIVERSITY INDORE.
(C) IP can be owned by the Inventor(s) if:
Institute personnel of ORIENTAL UNIVERSITY INDORE can own IP which does not belong to the situations defined above. IP can be owned by an employee of ORIENTAL UNIVERSITY INDORE, if it is generated outside of one’s normal working hours of ORIENTAL UNIVERSITY INDORE without using institute resources.
(D) Copyright in Software, Design(S), Integrated Circuit Layouts:
The Institute shall be the owner of all creation(s) including software, design, and integrated circuit layouts, created by a team of the Institute and non-Institute recruits associated with any activity of the Institute. Non-Institute recruits, who can create development(s) including software, design, and integrated circuit layouts at the Institute without any rational contribution of the Institute recruits and use of the Institute possessions, shall be the owner of such development(s).In that case Non-Institute recruits should sign an agreement with the concerned institute recruits.
(E) Copyright other than Software:
- The copyright owned by the author(s):
The copyrights for textbooks, research materials, articles, monographs, teaching‐ learning resource materials and other scholarly publications can be owned by the authors unless constrained by the agreement. These may also include popular novels, poems, musical composition, other works of artistic imagination, etc.
- The copyright owned by ORIENTAL UNIVERSITY INDORE:
(a) The copyright can be owned by ORIENTAL UNIVERSITY INDORE if the work is developed under any contract .
(b) Where copyright has not been assigned to the Institute, the Institute will be entitled to a non-exclusive, non-transferable license to use the work within the Institute for non-commercial educational and research purposes, or to possess a limited number of copies for such purposes, whichever is relevant.
iii. Copyright owned by student
(a) Authorship of thesis, dissertations, laboratory records, and of other documents that are produced by a student during the course of his/her study can be claimed by the student/supervisor but, the copyright ownership should be assigned to ORIENTAL UNIVERSITY INDORE. The same is not applicable to research publication.
(b) If there is any possibility for generation of IP from thesis, concerned supervisors/inventors should take steps to protect the IP. Thesis which will generate the IP may be recommended for award.
Trade and service marks related to goods and services involving ORIENTAL UNIVERSITY INDORE (including Incubation centre) will be owned by ORIENTAL UNIVERSITY INDORE. ORIENTAL UNIVERSITY INDORE would allow the use of its name and trademarks owned by it to the Third party (ies) to whom IP has been licensed/assigned through a signed agreement on following conditions:
(a) IP is intended to be used for the benefit of society.
(b) IP is licensed/assigned with an undertaking from the licensee/assignee that IP will be used‐ i. in a responsible manner to create a product/process conforming to environmental safety, and good manufacturing practices promoted by the Government of India and its regulatory bodies. ii. without any liability to ORIENTAL UNIVERSITY INDORE in case of misuse of IP or accidental damage accruing due to use of IP.
(c) In no case IP will be used against the interest of India.
In all such cases, the licensee/assignee must take prior approval of ORIENTAL UNIVERSITY INDORE about the manner in which the name of ORIENTAL UNIVERSITY INDORE and its trademarks are to be used in any media including print and electronic media.
This Policy arrangement will be appropriate to all the establishment and non-Institute staff related with any action of the Institute, for example, however not constrained to results of research, consultancy or proceeding with training projects, and covers various classes of Intellectual Property-Patents, Designs, Trademarks, Copyright, unpatented innovation and natural materials, Integrated Circuits Layout and other inventive works.
An Institute Intellectual Property Cell will be as follows:
|Chairperson ,IPR CELL||Dr.GarimaGhai|
All Institute workforce and non-Institute work force related with any action of the Institute will treat all IP related data which has been discovered to the IPR Cell and additionally whose rights are relegated to the Institute, or whose rights rest with the Institute faculty, as private. Such privacy will be kept up till such date as is requested by the applicable agreement, assuming any, between the concerned gatherings except if such information is in the open area or is commonly accessible to the general population. Having filled the Disclosure Form, the creator shall maintain confidentiality i.e. exhortation from disclosing the details, unless authorized otherwise in writing by the Institute, until the Institute has assessed the possibility of commercialization of the intellectual property
In case of any disputes between Oriental University, Indore and the creator(s) regarding the implementation of the IP policy, the creator(s) may appeal to the Chairperson of Oriental University, Indore. The Director’s decision in this regard would be final and binding on both institute and creator.
As a policy, all agreements to be signed by Oriental University, Indore will have the jurisdiction of Indore High Court and shall be governed by appropriate laws in India.
- IPR Cell organized One day workshop on “Conceptual Framework of Intellectual Property Rights”, held at Oriental University, Indore on 12th October, 2019.