Policies & Framework

Policies & Framework

Preface

Intellectual Property (IP) refers to creation of the mind of any person (inventor) such as inventions, innovations, literary work, artistic works, designs, symbols, names, logos, and images. IP plays pivotal role in providing a competitive edge to organizations. Tangible assets like inventions, designs, software, brand name and other creative and innovative ideas are more valuable than physical assets. It is necessary to protect these creations in order to enable organizations to earn recognition or financial benefits. In this scenario, governments of various countries enable protection of innovative ideas through Intellectual Property Rights (IPR). Recently, IPR has become a central issue in the development of higher academic institutions. Faculty, research scholars, scientists, students and other personnel of NMAMIT and NMIT are actively engaged in various research and development activities of diversified nature. Many of these research and development leads to different forms of IP, which are likely to be commercially utilized unless protected by IPR. In this scenario, NMAMITand NMITencourage, facilitate, promote and safeguard scientific investigations and research of NMAMIT and NMIT Personnel. Common IP Policy aims to lay down the process for promotion and support to innovators of NMAMIT and NMIT for converting their innovative works into IP. A common IP policy also aims to set forth guidelines for ownership of IP developed at NMAMIT and NMIT by faculty who are directly or indirectly associated with the institutions, either in-house or outsource, sponsored unless specially covered by a policy to the contrary. The common IPR Cell will address specific cases by using this IP policy document as guidelines. The IP policy is expected to fulfill the commitment of both the Institutions in order to promote academic freedom and provide a beneficial environment for research and development.

Introduction to IPR

Intellectual Property Rights denote specific legal rights of the inventors to hold and exercise Patents, Trademarks, Copyrights, Industrial Designs, etc. IPR aims to exclude third parties from exploiting the protected subject matter for a certain period of time (normally 20 years), without explicit authorization from the right holders. IPR owners can use or disclose their creations without fear of loss of control over their usage during the course of dissemination of their creation/invention. IP confers of exclusive rights in relation to the particular form in which ideas/information are expressed/manifested in the following manner:

  • New and useful scientific and technical advancements in the form of innovations, inventions, products and processes, computer hardware and software, materials, biological varieties, etc. which are patentable. Industrial and architectural designs, models, drawings, creative, artistic and literary works, teaching resource materials, generated records of research including thesis, dissertations, etc. which are copyrightable.
  • Trademarks, service mark, logos, etc.

Objectives of NMAMIT & NMIT IP Policy

Objectives of common IP policy:

  • Foster, stimulate and encourage creative activities in the widest sense in all the areas in which academic, consultancy and research programmes are offered by both the Institutions.
  • Protect the legitimate interest of faculty / scholars / students of NMAMIT and NMIT to avoid conflicts of interest.
  • Lay down a transparent administrative system for the ownership and control of intellectual properties and sharing of the revenues generated and owned by NMAMIT and NMIT.
  • Strengthen enforcement and adjudicatory mechanisms for combating IPR infringements.
  • Encourage collaboration with industries and research organizations to foster breakthroughs in research.
  • Develop and commercially utilize the IP pursued by NMIT/NMAMIT inventors through a Start-up companies of NMIT/NMAMIT.

APPLICABILITY/SCOPE OF THE IP POLICY

  • This joint IP Policy of the NMAMIT/ NMIT shall apply to all Intellectual Property created on or after June 2018 and all IP Rights associated with them.
  • It is applicable to all Researchers who have established a legal relationship with NMAMIT/NMIT or who have made Substantial use of Institutes’ resources. This policy is also applicable to Researchers who have created the IP while at the NMAMIT and NMIT and thereafter have resigned, quit or graduated from the NMAMIT/ NMIT.
  • It applies to NMAMIT/ NMIT Researchers working at other organizations through a formal agreement between NMAMIT/ NMIT and the other organizations, under such cases the IP Policy of the NMAMIT/ NMIT will be interpreted in reference to the relevant formal inter-institutional agreement.
  • It applies to all proposals/engagements/collaboration concerning R&D projects, technology transfer, consultancy assignments, IP Protection etc., need the approval of the Patent Cell of NMAMIT/ NMIT before they are accepted by the concerned researchers or submitted to the concerned external organizations.

Ownership of IP

NMAMIT and NMIT shall be the owners, with the creators specially stated as inventors for all the intellectual property inventions, software designs and specimens created by the creators who include faculty members, research scholars, students and those who make use of the resources of NMAMIT and NMIT.

The Inventions created by NMAMIT/NMIT personnel, shall be owned by the Institutions and inventors; the revenue generated out of such creations shall be shared in the ratio of 60:40 between the creator and NMAMIT/NMIT respectively. If inventors are from both the Institutions, the 40% share of the institution shall be shared between institutions. If an IP has emerged as a result of an Institutional/Industrial consultancy, sponsored to NMAMIT/NMIT the concerned industry and NMAMIT/NMIT shall own the IP. This however will not apply to those IP that are covered under specific MoUs where the action shall be carried out as per the provisions of the MoUs. If the IP is a result of funds sponsored by an outside agency, the IP will be shared between NMAMIT/NMIT and the sponsoring agency on case by case basis, as per MoU/Agreement/Undertaking between NMAMIT/NMIT and the outside agency.

A computer software may be patented, copyrighted, trademarked depending upon the IP content. A copyright software may be distributed for research and teaching purposes by its creator after obtaining appropriate undertaking to the effect that it will not be used for commercial purpose nor will it be transferred to any other party without explicit permission of NMAMIT / NMIT.

Evaluation of IP and Patent Filing Process

The common IPR cell will coordinate the activities associated with patenting with the help of external patent attorney. Initial evaluation of patentability of the IP will be carried out by the external agency for free. However, if IP is found to be acceptable for patent/trademark/copyright then NMAMIT/ NMIT will bear the entire patenting expenses; however, the patent will have to be filed with NMAMIT and NMIT as applicants and expenses will be shared by both the Institutes.

Publication Based on IP

For patentable IP, an arrangement will be made for patent protection by filing patent protection (non-disclosure agreement) with the attorney. Confidentiality shall be maintained till the dates stipulated in the contract between the concerned parties. Once the IPR is published in the Journal of Indian Patent Office the inventor/creator is encouraged to publish the work in the interest of general public.

Maintenance of Patents

The inventions, wherein NMAMIT and NMIT are co-applicants shall be renewed annually at the consent of both the Institutions. The maintenance of patents granted in association with external agencies will be as per MOU established; however, if MOU established states that the patent ownership is with external agency and inventor, NMAMIT/NMIT will play no part in the maintenance of the patent.

Copyrights

Ownership of the copyrights:

NMAMIT/ NMIT shall be the owner of all copyright works including software and all connected teaching materials designed and developed by employees of NMAMIT/ NMIT.

Further, NMAMIT/ NMIT shall also be the owner of copyrights of works produced, including software and all teaching materials developed by persons not directly associated with NMAMIT/ NMIT, provided NMAMIT/ NMIT has made its contribution in the form of any of the resources. The ownership of copyright by NMAMIT/ NMIT will in no way deprive the claims of the creator/author to publish his/her contribution in a scholarly and intellectual way and they have the authority to improve, publish and propagate their works.

Copyright will also be governed by other rules and regulations framed for patents by various authorities concerned.

For Further Details Contact -

Dean (R&D)
NMAM Institute of Technology, Nitte
Udupi, Karnataka-574110
Phone: 08258281265
Email_Id: sudeshbekal@nitte.edu.in

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