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June 14, 2021

IP RIGHTS POLICY

 

Preamble

         One of the principal mission of P.S.R Engineering College is to engage itself in assimilating and imparting knowledge and provide a nurturing environment to students and faculty to apply the science, technology and engineering principles in innovative projects. PSREC recognizes that creative endeavors are a natural outcome of the pursuit of this mission. Accordingly, the institute has been encouraging students and faculty to innovate through research work such that it qualifies for patenting and protection. PSREC also recognizes that the efficient management of research activity and related intellectual property rights (IPRs) would strengthen the institute and provide a strong foundation for growth of human resources, research projects and technologies. To sustain the focus and to support of these goals, PSREC is providing policy guidelines for inventions, copyrightable works, trademark and other related intellectual property rights arising from the activities of its faculties and students.

Purpose

         Fostering prosperity through excellence in education and innovative /collaborative research, are the guiding principles of PSREC. These activities may lead to generation of new Intellectual Property (IP), which needs to be protected, developed, transferred and commercialized for the benefit of the society. Also, the information on the newly created and protected IP should be disseminated at the earliest so that the scientific community is not deprived of its right to knowledge and to carry out further research. In addition to IP creation and protection, the endeavour is to provide an intellectual property environment that encourages the development of inventions and other intellectual creations for the best interest of the public, the creator, and the research sponsor, if any.
This Policy is further intended to protect the respective interests of all participants by ensuring that the benefits of such property ensue to the public, to the inventor, to the Institute and to sponsors of specific research projects in varying degrees of protection. In a nutshell, the established IPR cell will allow for:

  • Creation of an innovative research forum at PSREC thereby furthering the research capacity and ability to contribute to the changing needs of the society

  • Formulation of an IPR management policy and procedural guidelines for converting the knowledge generated in the Institute to wealth

  • Provision for technical, legal and other support needed for IP protection, technology transfer, licensing and commercialization issues

Objectives The major objectives of the IP policy are divided into two sections namely: A. Inventions related IP Policy B. Expressions related IP Policy

A. Inventions related IP Policy

  • To encourage newer inventions in the form of patents, designs, layouts, trademarks among the employees/ students at all levels by stimulating intellectual inquiry, thereby generating new knowledge and IP assets

  • To facilitate the transfer of knowledge and technology to the intended users to promote utilization of such resources for benefit of the society

  • To provide for an equitable distribution of economic gains resulting from new intellectual property among the developer, author, or inventor, the Institute, and where applicable, the sponsor

  • To promote an indigenous technology driven to meet the local needs thereby improving the socio-economic status of the country

B. Expressions related IP Policy

  • To create a conducive and competitive environment for dissemination of knowledge and application of new technology through documentation and research in line with the education mission of the Institute

  • To safeguard, review and manage the intellectual property of the employees and students at all levels so that they may receive adequate IP protection against unauthorized use during their tenure of employment / engagement at the institute

  • To facilitate development of educational schemes/ models/ methodologies to improve the teaching learning process and groom quality engineering graduates to meet the technical manpower requirements of the country

Scope

         PEC acknowledges the role of numerous stakeholders in the creation of its Intellectual Property (IP), namely the government, public, researchers, faculty, staff, research students, postgraduate and undergraduate students, sponsors, technology transfer units and the national IP offices. PSREC recognizes the intangible IP assets like inventions, copy right, know-how, designs and other creative and innovative products generated during the scientific and intellectual pursuits of its faculty and its students. The institute IPR policy covers all rights including protection arising from the intellectual property devised, created or generated by the faculty members, staff, students, research scholars, persons employed in sponsored research and consultancy projects.

IP Policy

A. Inventions

   1. Applicability

         This policy is applicable to potential IP/Inventions /Innovations/software programs/Designs/Integrated circuit layouts and patentable subject matter of all the Faculty, Staff, Research scholars and students of PSREC created during their stay in PSREC using the resources of PSREC.

   2. Ownership

  • All inventors/Creators should submit a Confidentiality and Assignment Agreement document (IPR Form 3) to this effect at the time of submission of Invention disclosure form (IPR Form 1)

  • If the invention is the result of work carried out in SREC with the financial assistance of AICTE/DST/DRDO/ISRO or any other Central/State research organizations/bodies ownership will be based on the rules and regulations of the sponsoring organization. If no such condition prevails, PSREC is the sole owner of the creation and Clause 2.a of IPP-IR will be effective

  • If the invention is the result of work carried out in PSREC or collaborating industry with the financial assistance of Industry ownership will be based on the agreement PSREC makes with the industry during the initiation of the project. If no such clause exists in the agreement, PSREC is the sole owner of the creation and Clause 2.a of IPP-IR will be effective

  • In case the inventor is leaving from PSREC due to superannuation or other reasons, he/ she shall assign the rights of the disclosed IP to PSREC before leaving the institute and this is a mandatory requirement for obtaining no due certificate. He/ she shall agree to the terms and conditions for the sharing of any financial benefits that may accrue by the institute by commercialization of such IP

  • Having made the disclosure, the inventors, both PSREC and non-PSREC personnel, shall maintain confidentiality of the IP during the period when efforts are made for protecting and commercialization of the IP, unless authorized in writing by PSREC

         Under all circumstances, PSREC reserves the right to use the IP generated for its academic and research purposes. Renewal of IP rights will be decided by Research Committee of PSREC. In case, PSREC is not interested in protecting an IP and continuing IP protection, If Inventors prefer, can protect the IP on their own, with due permission from the Research Committee and Principal of PSREC.

   3. Technology Transfer/IP Licensing

  • Technology Transfer/IP licensing will be carried out by Research Committee of PSREC either directly or through third party Agents under mutually agreed terms and conditions with such party for the IP solely owned by the institute

  • Technology Transfer/IP licensing for sponsored research will be as per the rules and regulations of the sponsoring agency. If no such rule exists, Clause 3.a will be executed

  • Technology Transfer /IP licensing for collaborative research will be as per the agreement of PSREC with the collaborating Industry. If no such condition is included in the agreement, Clause 3.a will be executed

  • Being an Institute fully sponsored by Government of India, PSREC encourages non exclusive Licensing. Under certain exceptions, PSREC might consider exclusive licensing

  • In any case, licensing will be awarded to a company and not an individual

  • In all cases, license is for that IP only and will not bind the extensions or modifications of the licensed IP

  • PSREC is empowered to extend, modify or terminate the Technology transfer/IP license during renewal

  • Irrespective of the license provided, PSREC retains the right of use of Licensed/Technology transferred IP solely for academics and enhancing research

   4. Fees for Patenting and Revenue sharing

  • PSREC will pay the patenting fee in full for the IP owned fully by PSREC and revenue sharing will be 60:40 for inventors and institute. In case of multiple inventors, every inventor will get equal share or as per already agreed terms. If PSREC reassigns IP rights to inventors due to any reason Inventors should reimburse patenting fees to the institute

  • For IP owned between PSREC and agencies, as in the case of sponsored research, Sharing of revenue and patenting fees will be as per the rules of the sponsoring agency, if the agency shares the patenting fees. If sponsoring agency is not sponsoring for patenting fees, Clause 4.a will be followed

  • For IP owned between PSREC and Industry, as in the case of collaborative research, sharing of revenue and patenting fees will be as per the agreement with the collaborating industry if the industry shares the patenting fees. If collaborating industry is not sponsoring for patenting fees, Clause 4.a will be followed

   5. Infringements, Damages, Liability and Indemnity Insurance

         PSREC and its personnel shall, in any contract between the licensee and PSREC, seek indemnity from any legal proceedings related with Technology transfer/IP License, the clause for which shall be incorporated in the agreement. PSREC retains the right to engage in any litigation concerning its IP and license infringements.

   6. 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 or potential licensee company, then they are required to disclose the stake they and/or their immediate family have in the company.

   7. Dispute Resolutiont

         In case of any disputes between the Institute and the inventors regarding the implementation of the IP policy and guidelines, the aggrieved party may appeal to the Research Committee of the PSREC. The committee shall address the concerns of the aggrieved party. If the inventor is dissatisfied with the decision of Research Committee, then a second appeal can be submitted to the Principal, PSREC. The Principal’s decision in this regard would be final and binding.

   8. Jurisdiction

         All agreements to be signed by PSREC will have the jurisdiction of the court in Puducherry and shall be governed by appropriate laws of India. Further, the Institute reserves the right to amend the IPR Policy as and when such a need arises/deemed fit and it abides all the stake holders.

 B. Expressions related

   1. Applicability

         This policy is applicable to copyrightable works, confidential information, course materials, lab manuals, software, music, cinematography and literary works not coming under the purview of Inventions created by all the Faculty, Staff, Research scholars and students of PSREC created during their stay in PSREC using the resources of PSREC.

   2. Ownership

  • PSREC is the sole owner of the copyright on all teaching material and Lab manuals, course curriculum and question papers developed by the faculty and staff as a part of academic activity in PSREC. All developers should submit a Confidentiality and Assignment Agreement document (IPR Form 3) to this effect at the time of submission of Copyright disclosure form (IPR Form 2). PSREC is not liable for copyright violation and developer is permitted to use the developed material only within PSREC for academic and research purpose

  • Copyright of AICTE, DST, CSIR, ISTE, SERB, ISRO and any other agency sponsored STTP/FDP/Workshop training material will be as specified by the rules and regulations of the sponsoring agency. If no such rule exists, PSREC is the sole owner of the copyright and Clause 2.a will be effective

  • Copyright of software, books, monographs, speech, music and cinematography will be either in full or part with PSREC depending on the use of PSREC resources. If the developer has not used the resource of PSREC he/she should intimate to the Research committee and duly acknowledged by the Head of the Department. On acceptance by Research Committee, copyright will be fully with the author/developer. In such case PSREC reserves the right to use the material in full or part within PSREC for academic and research purpose. In any case PSREC is not liable for copyright violation

  • Copyright of Thesis, Dissertation and project reports shall rest jointly with Supervisor/Guide and student. In the case of Project/Research with Organization/industrial collaboration copyright norms will be as per the terms agreed upon. If no such terms exist, PSREC norms will be followed. In any case PSREC reserves the right to use the material in full or part within PSREC for academic and research purpose and to display the thesis in soft and hard form. In any case PSREC is not liable for copyright violation

  • PSREC will not claim copyright for the literary works of its Faculty, Researchers and students at any time and PSREC is not liable for copyright violation

   3. Revenue sharing

  • Revenue sharing, if any, will be 60:40 for inventors and institute for copyright solely owned by PSREC

  • For copyright owned between PSREC and organization/agencies, Revenue sharing will be as per the terms in the rules of sponsoring agency/Agreements. If no such terms are there Clause 3.a will be followed

   4. Dispute Resolution

         In case of any disputes between the Institute and the developers/authors regarding the implementation of the IP policy- Expression related and guidelines, the aggrieved party may appeal to the Research Committee. The committee shall address the concerns of the aggrieved party. If the inventor is dissatisfied with the decision of Research committee, then a second appeal can be submitted to the Principal, PSREC. The Principal’s decision in this regard would be final and binding.

   5. Jurisdiction

         All agreements to be signed by PSREC will have the jurisdiction of the court in Tamil Nadu and shall be governed by appropriate laws of India. Further, the Institute reserves the right to amend the IPR Policy as and when such a need arises/deemed fit and it abides all the stake holders.