Government lays draft guidelines for implementation of IPR policy in academic institutions
A patent right will rest with the academic institution if a student, researcher or faculty member has used its resources and funds for developing a product, according to draft guidelines floated by the government on the implementation of IPR policy for academic institutions.
However if an institution determines that an invention was made by an individual on his or her own time and unrelated to his or her responsibilities towards the institution and was conceived without use of its resources, then the invention shall vest with the individual or inventor.
These guidelines are floated with an objective to foster innovation and creativity in the areas of technology, sciences, and humanities by nurturing new ideas and research, in an ethical environment.
It would also help in protecting intellectual property rights (IPRs) generated by faculty or personnel, students, and staff of the academic institution, by translating their creative and innovative work into IP rights.
"The ownership rights on IP may vary according to the context in which the concerned IP was generated. In this regard, a two-tier classification is suggested for adoption," it said.
In case of copyright, the draft has suggested that the ownership rights in scholarly and academic works generated utilising resources of academic institution, including books, dissertations and lecture notes, shall ordinarily be vested with the author.
On other hand, the ownership rights in lecture videos or massive open online courses, films, plays, and musical works, shall ordinarily be vested with the academic institution.
Similarly,ownership rights over integrated circuits and plant varieties; and industrial designs will rest with the academic institution if a student, researcher or faculty member have used its resources and funds for developing the product.
The guidelines also said the academic institution is free to enter into revenue sharing agreement with the researcher, in cases of commercialisation of innovation, and creation as per the advice of IP Cell.
It added that the academic institution may appoint a committee of experts to address the concerns of the aggrieved person and all disputes shall be dealt with by this committee.
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