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Ownership
of Intellectual Property: Institutions shall be encouraged to seek protection of
intellectual property rights in respect of the results of R&D. They may retain the
ownership of such IPR. ‘Institutions’ would mean any technical, scientific or
academic establishment where research is carried out through funding by the central/state
government.
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Transfer of Technology: The institutions shall take the necessary
steps to commercially exploit patents on exclusive or non-exclusive basis.
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Royalty to Inventors: The owner institution is permitted to retain
the benefits and earnings generated out of the IPR. The institution may determine the
share of inventor(s) and other persons from such actual earnings. However, such share(s)
shall be limited to one third of the actual earnings.
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Norms for Private Industry: IPR generated through joint research by
institution(s) and industrial concern(s) through joint efforts can be owned jointly by
them as may be mutually agreed to by them through a written agreement. The institution and
industrial concern may transfer the technology to a third party for commercialisation on
exclusive/non-exclusive basis. The third party, exclusively licensed to market the
innovation in India, must manufacture the product in India. The joint owners may share the
benefits and earnings arising out of commercial exploitation of the IPR. The institution
may determine the share of the inventor(s) and other persons from such actual earnings.
Such share(s) shall not exceed 1/3rd of the actual earnings.
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Patent Facilitating Fund: The owner institution(s) shall set apart
no less than 25% of the revenue generated from IPR, to create a Patent Facilitating Fund.
The Fund shall be utilized by the owner for updating inventions, filing new patent
applications and protecting the IP rights against infringement and for building competency
in the area of IPR and related issues.
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Information : The institutions shall submit information relating to
the details of the patent obtained, the benefits and earnings arising out of IPR and the
turnover of the products periodically to the department/Ministry which had provided funds.
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March
In Rights: The Government shall have a royalty-free license for the use of
intellectual property for the purposes of the Government of
India. |
