Jain (Deemed-to-be University) Policies
Intellectual Property Rights Policy
The Intellectual Property Policy (hereinafter referred to as IPR Policy) of Jain University (hereinafter referred to as JU) aims to facilitate the generation, protection, maintenance and utilization of intellectual properties developed during research at JU. The policy offers scope for intellectual wealth generation at JU. JU is keen to facilitate faculties and staff in the generation, protection and transaction of Intellectual Properties which offer potential and scope for shared benefits to both JU and inventors. The policy helps in the knowledge generation and commercial exploitation of the intellectual wealth generated at JU.
Intellectual Property (IP)
- An invention which is Unique, Novel and Non-obvious qualifies for protection under the relevant laws of the Country. IP can be of the following forms such as Patent, Copyright, Industrial design, Trademark, Confidential Information, Trade Secrets, Technical know-how. Computer software, genetically engineered microorganisms and business models and other forms as the need arises.
- The above forms of IP can be protected, under Indian and Foreign patent laws. The Intellectual Property Rights Cell (IPRC) deals with all the activities relating to Intellectual Property of JU. It is very important that any innovative work should be protected under IP, before the innovative work is published as a research paper, or presented in a Trade exhibition.
- The product of the intellect can have potential for commercialization. Such activities will ensure that the intangible IP reaches a Tangible form that can be marketed.
To whom this Policy is applicable?
This policy is applicable to all staff, faculty members, and students and also persons engaged in sponsored schemes and projects, from all the institutions under JU and also apply to the visiting scientists/ professors/ other personnel who participate in the research work being carried at the University
- In the case of in-house projects, all the rights in respect Intellectual Property derived from the investigations carried out at JU shall vest in and be the absolute property of JU. In case, the work is carried out jointly with other institutions or agencies or under a sponsorship by an agency, the ownership will be decided and agreed upon mutually depending upon the intellectual inputs of each partner.
- In the cases of sponsored research & collaborative research, all the rights in respect Intellectual Property arising out of research projects undertaken on behalf of the sponsoring agencies/ collaborative partners shall vest in and be the absolute property of JU, if JU bears the entire cost of filing and maintaining the IPR. If the joint ownership is required between JU and the sponsoring agency, then the sponsoring agencies should bear the cost of filing and maintaining the IPR on mutually agreed terms.
- JU shall be the owner of creative work, including software created by the University personnel with significant use of JU infrastructure resources. JU registers for copyrights and share the financial benefits with the author on terms and conditions of JU.
- JU shall be the owner of copyright on all teaching material developed by the University personnel as part of any of the academic work at JU. The authors shall have the right to use the non-funded technical material in his/her professional capacity. If the technical material is prepared by the author on behalf of a funding agency, then the copyright will be equally shared between JU and the funding agency.
- Any IP generated when an Inventor from JU works in any other organization or a company or University abroad/in India on EOL/Sabbatical leave/earned leave, will be jointly owned by JU and the University/Company.
Design refers to the features of shape, configuration, pattern; ornament applied to an article or a product by an industrial process or means, which in the finished article or product appealed to and is judged solely by the eyes. A design in order to be registered must be new and original and not previously published. There is no design protection for functional features. Any new product produced at JU having novel features and new shape should be registered, in order to prevent infringement by others.
A Trade Mark is a visual symbol in the form of a word , a device ,or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons. JU shall evolve a symbol and register the same as a Trademark. This trademark should be labeled to any new product originated by JU. “JU” with a symbol can be registered as a Trademark of JU.
Know-how and confidential information should be protected as Trade secrets only so long as JU is able to keep them secret and takes action against unlawful use of such information by others by an action of breach of confidence or contract. This clause should be included in the employment letter and also other agreements of JU
Provision of funds for protection of IPR
JU shall provide funds towards filing of patents, copyrights, trademarks and industrial design and Integrated Circuit layouts partially or fully depending upon the importance of the product or process developed. This will be decided by the R & D Committee
When the technology developed at JU is licensed for a particular period to any Company, revenue is generated in two stages.
- Lump sum amount at the time of licensing the technology on the mutually agreed terms between JU and the concerned company, either exclusively or non-exclusively.
Royalty amount based on the revenues of the company using the technical know-how.
The revenue arising out of licensing of IP and royalty shall be shared after deducting the expenditure incurred by the University, if any, in the ratio 60:40 between the Inventor (s) and the University. Where JU reassigns the right of the IP to its investor(s), the inventor(s) shall reimburse all the costs incurred by JU, which include the cost of protection, maintenance, marketing and other associated costs
Infringements, Damages, Liability and Indemnity
- As a matter of policy, JU shall, in any contract between the licensee and JU, seek indemnity from any legal proceedings including this, but not limited to manufacturing defects, production problems, design guarantee, upgradation of technology and debugging obligation.
- JU shall also ensure that its personnel have an indemnity clause built into the agreements with licensee(s) while transferring technology or Copyrighted material to licensees.
- JU shall retain the right to engage in or desist from any litigation concerning patent and license infringements.
Conflict of Interest
- The inventor(s) are required to disclose any conflict of interest or potential conflict of interest.
- If the inventor(s) and/or their immediate family have a stake in a licensee-company, then they are required to disclose the stake they and /or their immediate family have in the company, and license or an assignment of rights for a patent to the licensee- company in such circumstances, shall be subject to the approval of the IP Management Committee.
In case of any disputes between JU and the Inventor(s) regarding the Implementation of the IP policy, the inventor(s) may appeal to the Vice Chancellor of JU. Efforts shall be made to address the concerns of the inventor(s) by developing and instituting an arbitration mechanism and arrangement. The Vice-Chancellor’s decision in this regard would be final and binding on both JU and the inventor(s).
As a policy, all agreements to be signed by JU will have the jurisdiction of the courts in Bangalore and shall be governed by appropriate laws in India.
Procedure for IP protection at JU
All applications for the protection of any type of intellectual property will be forwarded to Director, IPTC through proper channel. Any faculty or student of JU, who believes to be in possession of a potential intellectual property generated while in service of JU may approach and fix an appointment with Director, CIPR for a discussion. If the invention satisfies the criteria of protection of intellectual property, which will be evaluated by a committee, the protection can be taken in either of the two ways. When the invention is only at the preliminary stage, a provisional specification will be filed, which has to be followed up with a complete specification within 12 months. Alternatively, if the inventor has produced an innovative product or a process or software or a new design, the complete specification will be filed.
Evaluation of IPR Proposals
The application for patent shall be examined by the R & D Committee. consisting of the following:
- Head, IPR Cell
- Deans (Research) – JU
- Dean of the concerned Faculty
- Head of the concerned Department
- A subject expert from JU nominated by Vice Chancellor
The inventors will be requested to make a presentation of their case before the R & D Committee. In case, the Committee recommends for filing of patents, the Head, IPR Cell will then process the application through one of the approved Attorneys from the panel maintained at the IPR Cell or through Government agencies like National Research Development Corporation (NRDC) after obtaining concurrence from the President - JU Trust.