ORDINANCES GOVERNING INTELLECTUAL PROPERTY POLICY

DEFINITIONS

1.      In these Statutes;  

(i)

Assignment

Means the transfer of rights or title in the Intellectual Property in writing.

(ii)

Banaras Hindu University or the University

Shall refer to Banaras Hindu University established under the Banaras Hindu University Act of 1915 and to any other entity associated with it.

(iii)

Copyrightable Materials

Copyright and Copyrightable materials are as defined in the Indian Copyright Act. These shall include the following in original: (1) books, journal articles, texts, glossaries, bibliographies, study guides, laboratory manuals, syllabi, tests, and proposals; (2) lectures, musical or dramatic compositions, unpublished scripts; (3) films, filmstrips, charts, transparencies, and other visual aids; (4) video and audio tapes or cassettes; (5) live video and audio broadcasts; (6) programmed instructional materials; (7) research notes, research data reports, and research notebooks; and (8) other materials or works other than software which qualify for protection under the Indian Copyright Act, 1957.

(iv)

Creator(s)

mean the faculty, staff, and other persons employed by the University whether full or part-time; visiting faculty and researchers; and any other persons, including students, who create intellectual property using University resources.

(v)

Confidential Disclosure

means an agreement between disclosing and recipient parties, or a term in a Research Contract or License Agreement.

(vi)

Direct expenses

are the costs associated with the development, protection, maintenance and licensing of intellectual property. Such costs do not include the regular payment of salaries or other overhead costs of the University.

(vii)

Educational Materials

means the content and associated tools and technologies for delivery of content, including materials developed for traditional “face to face” classroom courses, as well as other delivery methods such as Internet web-base delivery or other distance learning media. For the purposes of this Policy, Educational Materials do not normally include works such as textbooks, articles, papers, scholarly monographs, or artistic works produced in the normal course of academic scholarship.

(ix)

Invention Disclosure

means a written description of an invention that is confidentially made by the inventor to the University.

(x)

Intellectual Property

Intellectual Property shall include Patents, Trademarks, Copyrights, Trade Secrets and other species such as computer software or printed material, any new and useful process, machine, composition of matter, life form, article of manufacture, software, copyrighted work, such things as new or improved devices, circuits, chemical compounds, drugs, genetically engineered biological organisms, data sets, software, musical processes, or unique and innovative uses of existing inventions. For the purposes of these Ordinances Intellectual Property may or may not be patentable or copyrightable.

(xi)

Know-how

means the knowledge, innovations, practices, expertise, processes or procedures, and secrets of individuals regarding the use of a material, product or resource, or the practice of a method, for a particular purpose.

(xii)

Project A/c Book

means the A/c Book in Annexure to these Ordinances.

(xiii)

Publication

means a public enabling disclosure of an Invention, and may be verbal or printed. Printed publications include abstracts, student theses and, in certain instances, grant proposals.

(xiv)

Patent and Patentable material

Patent and Patentable materials are as defined in Indian Patent Act. These include discoveries and inventions of new products and process.

(xv)

Substantial use of University facilities or resources

means the regular utilization of University facilities, equipment, personnel or other resources owned by the University.

(xvi)

University Research

means any research or development activity which is undertaken by the University, or which is related to duties and responsibilities for which a person is compensated by the University, or which is conducted with substantial use of University facilities, or resources.

(xvii)

University Resources

means all tangible resources provided by University to Creators, including office, lab, studio space and equipment; computer hardware, software, support; secretarial service; research, teaching, and lab assistants; supplies; utilities; funding for research and teaching activities, travel; and other funding or reimbursement. “University resources” do not include payment of regular salary, insurance, or retirement plan contributions paid to, or for the benefit of, Creators.