ORDINANCES GOVERNING INTELLECTUAL PROPERTY POLICY
X. TECHNOLOGY TRANSFER ACTIVITIES
14. Assignments, disclosure & confidentiality.
The creator shall made a confidential disclosure to the IPC in writing as soon as possible if the University has an ownership interest and if the intellectual property/technology may be patentable, copyrightable or has potential for commercialization and licensing. The IPC will provide disclosure forms on request. The creator may consult IPC with respect to his duties to disclose inventions and the manner and timeliness with which such disclosures should be made to the IPC.
The disclosure should contain sufficient detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, operation and technical characteristics of the creation. The creator(s) should also be responsible to update the IPC in a timely manner of any developments involving publications, sale or use of which he becomes aware after the confidential disclosure.
15. Determination of Intellectual Property for Protection and Commercial Development.
(1) If the creator claims an ownership interest in intellectual property or has a question about whether an assignment must be made to the University, the intellectual property shall be disclosed to the IPC and the claim or question clearly stated. The University, through the IPC, will provide a determination of rights within a reasonable time following submission, generally not to exceed 90 days. The determination may be appealed to the Vice-Chancellor for a final adjudication.
(2) The IPC will evaluate inventions and other intellectual property disclosed to the IPC to suggest the form of intellectual property protection, if any, that should be considered and also the potential for commercial exploitation. Thereupon it shall either assign the task of securing patent/copyright in the intellectual property and of managing its subsequent economic use to the specialist agency of CSIR or do so itself in a timely and efficient manner. Direct expenses associated with obtaining protection for intellectual property in which University has stake/share shall be borne by the University if such intellectual property is being managed by the IPC, by the specialist agency of CSIR if University has entrusted management of a particular intellectual property to it and by the creator/inventor if he has withdrawn management of intellectual property from specialist agency of CSIR/IPC on grounds of non-performance.
16. Agreement among the University, Creators and Companies, for financial research leading to invention/discovery and its economic use:
When a researcher in the University does research leading to invention/discovery/creation or when a public funding agency funds such research in the University there is no need for an agreement to be drafted and executed. However when an Industry, Company, Foundation or Trust provides full funding beyond the available resources and equipment in the University, an agreement between the University, Principal Researcher and authorized representative of the Funding Agency (Company, Industry, Trust or Foundation) must be executed in each case before such sponsored research is taken up. Such agreement must provide for:
(a) management of intellectual property as provided for in this Ordinance.
(b) that the funding agency shall have right of first and exclusive use of intellectual property created through such sponsored research and for share of the University and researcher in income to be derived from economic use of such intellectual property to be determined on revenue sharing basis of which the details will be specified in the agreement. Provided that the funding agency may agree to license use of such intellectual property in the beginning itself or subsequently at any stage, to other commercial/ industrial bodies on terms to be decided jointly by the signing parties at the time of such agreement in each case.
(c) share of the University and of inventor/creator in income from funding agency or share of funding agency, University and inventor/creator in income from any other third party shall be receivable in all cases by the University only. It shall be upto the University to determine and distribute the share of inventor/creator subsequently in the first case and of funding agency and inventor/creator in the latter case.
17. Indemnification. The commercial entity funding the research will normally be required to indemnify the University with respect to general liability, product liability and/or infringement claims related to licensed intellectual property to be used in any product as a result of an agreement under these Ordinances.