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IPR Policy NITRR 22

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7 views12 pages

IPR Policy NITRR 22

Uploaded by

Alfia Bano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Institute Intellectual Property Rights Policy

National Institute of Technology Raipur


Raipur (C.G) - 492010, Phone: 0771- 2252700
Website: nitrr.ac.in
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

Contents
1. Preamble…………………………………………………………………. 02

2. Objectives ………………………………………………………………… 03

3. Definitions…………………………………………….………………….. 03

4. Intellectual Property ……………………….………………………. 04

4.1 IP Evaluation ……………………………………………….. 04

4.2 IP Ownership …………………………………………………… 04

4.3 Obtaining Rights ……………………………………………….. 05

5 Disclosures and Confidentiality ………………. ……………………… 06

6. Revenue Sharing .…………………………………………………. 06

7. Conflict of Interest and Jurisdiction……………………………… 06

ANNEXURES:

I - Intellectual Property Disclosure Form ……………………………………… 07

II - Undertaking ………………………………………………………………… 08

III - Non - Disclosure Agreement……………………………………………… 09

….….

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NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

INTELLECTUAL PROPERTY RIGHT POLICY


OF
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR

1. PREAMBLE

National Institute of Technology, Raipur (hereinafter referred to as NITRR or the


Institute) is committed to the challenging task of development of technical education by
preparing seasoned graduates in highly sophisticated field of engineering and technology.
Development of India as an emerging industrial power is a demanding exercise as it
involves the combination of cost effectiveness and efficiency along with producing
world-class technology at the cutting edge. The institute promotes development of new
ideas and innovations in technology and science and encourages the production of
creative and scholarly works and the development of new and useful materials, devices,
processes, and other intellectual property, some of which may have potential commercial
value. The Institute also understands its role in contributing effectively to the national
endeavor of producing quality human resource of world class standard by developing a
sustainable technical education system, to meet the changing technological needs of the
country incorporating relevant social concerns and to build an environment to create and
propagate innovative technologies for the economic development of the nation.

The faculty and staff of the Institute are engaged in research and development
activities that many a times result in generation of intellectual property (IP). These may
be in form of patents, copyrights, trademarks, designs, processes or any other invention
that may be commercialized. In order to safeguard the IP and its ownership and to
continuously encourage the development of such IP, the Institute has drafted its own
intellectual property rights policy (hereinafter referred as the Policy). The objective of the
Policy is to provide the researchers an atmosphere favorable for research and set forth the
guidelines for ownership and commercialization of the IP.

2
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

2. OBJECTIVES
The objectives of the policy are as following:
a. To provide an encouraging environment for research and development for generation
of IP to the faculty, students and other researchers associated with the Institute.
b. To provide support in every possible way to the inventors of the IP associated with
the Institute and safeguard the IP developed.
c. To formulate the regulations and guidelines regarding ownership of the IP and
revenue sharing upon commercial exploitation of the IP.
d. To provide legal support to the inventors against any case of unauthorized use of IP.
e. To create awareness among the students, staff and faculty likewise about the IP.

3. DEFINITIONS
3.1.“Director” means the Director of National Institute of Technology, Raipur.
3.2.“Dean, R&C” means the Dean of Research & Consultancy of National Institute of
Technology, Raipur.
3.3.“Intellectual property” is defined as the tangible or intangible results of research,
development, teaching, or other intellectual activity and includes patents, copyrights,
designs, trademarks, service marks, logos etc. Any additional information regarding
these intellectual properties can be obtained from the website of Controller General
of Patents, designs and trademarks. (http://www.ipindia.nic.in).
3.4 “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.
Copyright protection is available for most literary, musical, dramatic, and other types
of creative work, including software, teaching materials, multimedia works,
proposals, and research reports.
3.5 “Faculty” means teaching staff of National Institute of Technology, Raipur.
3.6 “Student” means a person who has taken an admission in any of the courses offered
by National Institute of Technology, Raipur.
3.7 “Inventor” is the person/s who has something new with utilization of their creative
minds.

3
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

4. INTELLECTUAL PROPERTY
4.1. IP EVALUATION
An institutional review committee for timely assessment and evaluation of intellectual
property shall be constituted by the Dean R&C. The committee would constitute of Dean
R&C as chairman along with faculty experts from the field of invention and an IP expert. The
IP expert can be a person from the state nodal agency (Patent Information Centre from the
Chhattisgarh Council of Science and Technology) who has expertise in evaluation and filing
of IP. In certain cases, external members form the institute can also be included in the review
committee. The inventor can also suggest the names of Members of required expertise that
can evaluate the creativity, originality and innovativeness of the invention. The objectives of
the committee would be following:
a. To determine and assign the ownership of the IP. It is up to the committee to decide
whether the ownership would be restricted to an individual, institute (institute projects)
or a joint ownership in case of externally funded project.
b. To evaluate the IP on the scale of originality, usefulness, and practicability of the
invention.
c. To decide whether or not the invention has commercially applicability
d. The evaluation process of the IP should be completed within a maximum time limit of
90 days.
e. Upon the evaluation, if the committee decides against the application of the IP to
support, then the institute shall claim no ownership of the invention and all the rights
shall automatically go to the inventor/s.
4.2. IP OWNERSHIP
a. NIT Raipur would hold the ownership rights when the IP is developed by the students,
faculty, staff, or any external personnel not related to NITRR by using the funds or
facilities available with the institute.
b. However, in case a payment has been made by the individual to the institute for
utilization of facilities, NITRR cannot claim the exclusivity in the ownership and hence
an agreement on mutual accord can be reached that provides joint ownership rights to the
inventor and NITRR.

4
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

c. In case when an IP is developed as a part of work that has been funded by external
agencies or consultancy, then a joint ownership must be established with proper rights to
license the innovation.
d. In issues of copyrightable material such as software, lectures (video lectures), books,
circuit designs, images developed by NITRR personnel for use by external agency or
industry, the institute shall claim the rights for the ownership of the IP. However, the
developers shall be free to use the IP for research and teaching purposes by reverse
license agreement with NITRR. The institute shall not claim any copyrights on the books
and research scientific articles authored by individuals of NITRR. It is, nevertheless
expected from the authors to gratefully acknowledge the institute for any assistance.
Also, NITRR reserves the right to use the IP for academic purposes.
e. Additionally, the developers shall hold the ownership rights if the IP is developed
outside their area of regular assigned work of research and teaching or without any
significant use of institute’s resources and facilities. For theses and dissertation reports
related to academic activity, the students will hold the ownership rights. However, the
students should give a royalty-free right to NITRR to use the reports for academic
purposes, as and when required. An agreement for the same must be included in the
theses properly signed by the student, department head and Dean R&C. Moreover, in
case an application has been made for grant of IP and not yet granted, an agreement for
thesis confidentiality at the time of thesis submission should also be included.

4.3. OBTAINING RIGHTS


In case the review committee decides in favor of protecting the IP, the institute shall
follow the following to ensure IP protection:
a. The institute should appoint and provide an attorney to draft the IPR application as
appropriate for the invention.
b. The institute shall bear all the costs related to access of IP databases, for IP search,
prior art etc.
c. The institute shall also bear the expenses for drafting and filing the IP application.
This also includes the cost for filing overseas applications. In any case, if the institutional

5
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

committee decides against the IP evaluation, all these costs have to be borne by the
inventor personally.
5. DISCLOSURES and CONFIDENTIALITY
Following procedure should be followed for disclosure of the IP by the inventors.
a. For all the IP produced and developed at the institute, i.e. NITRR, the inventors have
to disclose the IP to Dean (R&C) in a proper format (IP disclosure form) at the earliest.
With this disclosure, the inventors would assign the rights of the IP to the institute.
Similarly, the students of the institute are expected to submit their IP disclosure form
along with their thesis work (B.Tech, M.Tech or PhD) properly signed and forwarded by
their supervisor. It would be the responsibility of the institute to maintain the
confidentiality of the IP once it has been submitted to the committee for evaluation for
assessment for filing and possibility of commercialization.
b. For all the IP generating from the externally funded projects and collaborative project,
the IP disclosure shall be done as per the contract terms and conditions.

6. REVENUE SHARING
a. Upon commercialization of the intellectual property developed at the institute, the
revenue generated by the royalty payments would be shared between the institute and the
inventors with a respective percent sharing of 40% by the institute and 60% by the
inventor.
b. In case of multiple owners of the IP other than the institute, the owners shall come to
an agreement before filing the IP as to how to share the revenue.

7. CONFLICT OF INTERST AND JURISDICTION


It is the responsibility of the inventors to disclose any conflict of interest or potential
conflict of interest prior to applying for evaluation to the institute’s committee. In case of
any dispute, the aggrieved party may contact the Director NIT Raipur. In all
circumstances, the decision taken by the Director NITRR would be final and abiding by
all. All the agreements or contracts signed by NITRR will be under the Raipur
jurisdiction.
……….

6
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

ANNEXURE -I
Intellectual Property Disclosure Form
Title of the Invention …………………………………………………………………………..
Name and Affiliation of Inventor(s) ……………………………………………………………
….…………………………….…………………………………………………………………
…………………………………….…………………………………………………………….
Brief description of the invention
Describe the invention so that the other faculty who are knowledgeable in the field can
evaluate the technical and commercial merits of the invention.
You may include following in your description;
a. How does this invention relate to new processes, machines, compositions of matter?
b. How is the present invention an improvement over existing comparable invention?
c. Has the invention been tested experimentally? Are experimental data available?
d. Has invention been patented or protected under confidentiality agreement?
(Please attach sketches, drawing, photographs and other materials that illustrate the
description).
Commercial Potential
a. What are the possible uses / application areas and / or product you feel may embody
aspects of your invention?
b. Who is the possible end – users of the product?
Prior disclosure and possible Intent
a. Has the invention been disclosed to industry representatives or third parties? if yes,
Name companies and specific individuals and their titles.
b. Has any commercial interest been shown in it and of what nature?
…..

7
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

ANNEXURE - II
UNDERTAKING
I /We the undersigned, hereby certify that the Work ____________________________ has
been undertaken by the undersigned at NIT Raipur, making use of significant use of NIT
Raipur resources.
I/ We hereby agree to abide by the provision of the intellectual property policy of the
Institute.

Signature(s):

Signed this ______________ day of _______________ (Month),__________


(Year)________.

Name(s):………………………………………………………………………………………

Address:…………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………

….….

8
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

ANNEXURE - III
NON-DISCLOSURE AGREEMENT

This non-disclosure agreement (“Agreement”) is by and between The National Institute of


Technology, Raipur (herein after referred to as “NITRR”) having its address at G.E. Road,
Raipur, 492010 and __________________(hereinafter referred to as “Company”), a
corporation having a business address at _____________ on this day________
month_______ year 20_______ being the date when this agreement comes into force.

I. RECITALS
A. NITRR and Company wish to exchange certain information pertaining to
_________________. This exchange includes all communication of information between the
parties in any form whatsoever, including oral, written and machine-readable form, pertaining
to the above which is indicated as confidential.
B. NITRR and Company wish to exchange the information for the sole purpose of
__________ and each party regards certain parts of the Information it possesses to be secret
and desires to protect those parts from unauthorized disclosure or use (such secret parts being
hereafter collectively referred to as “Information”).
C. NITRR and Company are willing to disclose Information (as “Disclosing Party”) and
receive Information (as “Receiving Party”) on the terms and conditions set forth herein.

II. AGREEMENT
In furtherance to the above mentioned, NITRR and Company agree to the following:
1. The Receiving Party will:
a. Not disclose Information of Disclosing Party to any other person and use at least the same
degree of care to maintain the Information confidential as Receiving Party uses in
maintaining as confidential its own confidential Information, but always at least a reasonable
degree of care; due diligence will be taken by both parties in maintenance of confidential
information
b. Use the Information only for the above mentioned purpose.

9
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

c. Restrict disclosure of the Information of the Disclosing Party solely to those employees of
Receiving Party having a need to know such Information in order to accomplish the purpose
stated above.
d. Advise each such employee, before he or she receives access to the Information, of the
obligations of Receiving Party under this Agreement, and require each such employee to
maintain those obligations.
e. Within fifteen (15) days of notice furnished by either party, the party receiving such notice
shall return to the other Party all documentation, copies, notes, diagrams, computer memory
media and other materials containing any portion of the Information, or confirm to the other
Party, in writing, the destruction of such materials.
2. This Agreement imposes no obligation on Receiving Party with respect to any portion of
the Information received from Disclosing Party which
a. was known to Receiving Party prior to disclosure by Disclosing Party,
b. is lawfully obtained by Receiving Party from a third party under no obligation of
confidentiality,
c. is or becomes generally known or publicly available other than by unauthorized
disclosure,
d. is independently developed by Receiving Party or
e. is disclosed by Disclosing Party to a third party without a duty of confidentiality on the
third party.
f. is required by law or decree.
3. The Information shall remain the sole property of Disclosing Party.
4. Neither Disclosing party makes any representation with respect to and does not warrant
any information provided under this agreement, but shall furnish such in good faith. Without
restricting the generality of the foregoing, neither Disclosing party makes any representations
or warranties, whether written or oral, statutory, express or implied with respect to the
information which may be provided here-under, including without limitation, any warranty of
merchantability or of fitness for a particular purpose. Neither Disclosing party shall be liable
for any special, incidental or consequential damages of any nature whatsoever resulting from
receipt or use of the information by the receiving party.

10
NATIONAL INSTITUTE OF TECHNOLOGY RAIPUR
G.E. Road, Raipur – 492010 (C.G.)
Website: www.nitrr.ac.in, Phone:0771 -2254200
-----------------------------------------------------------------------------------------------------

5. Neither the execution of this Agreement nor the furnishing of any Information hereunder
shall be construed as granting either expressly or by implication, any license under or title to
any invention, patent, copyright, trademark or trade name now or hereafter owned by or
controlled by the party furnishing the Information.
6. The Receiving Party will not export, directly or indirectly, any technical data acquired
from Disclosing Party or any product utilizing any such data to any third party, without first
obtaining approval of the Disclosing Party.
7. The rights and obligations of the parties under this Agreement may not be sold, assigned or
otherwise transferred (subject to contract).
8. The obligation of this Agreement shall be continuing for a period of __ years after the
disclosure has been made. However, NITRR is free to use the Information solely for the
purpose of teaching after a period of ____ years.
9. This Agreement can be terminated on thirty (30) days written notice by either party.
However, Receiving Party’s obligations of confidentiality and restrictions on use of the
Information disclosed by Disclosing Party shall survive termination of this Agreement.
This agreement will be construed and governed in accordance with the laws of India. Any
dispute arising out or in connection with the agreement shall be settled within the jurisdiction
of Mumbai courts.

IN WITNESS WHEREOF, the parties have executed this agreement effective as of the date
first written above.

For For
National Institute of Technology, Raipur Company
Name Name
Date Date
Witness: Witness:

….……..

11

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