Intellectual Property Rights Policy
1. Introduction
BML Munjal University encourages, facilitates, promotes and safeguards scientific
research, technology and system development. The Intellectual Property Rights (IPR)
policy of BML Munjal University provides guidelines for making inventions, designs
and discoveries to solve the problems faced by the society.
This policy also aims to set forth guidelines for ownership of intellectual properties
(IP)developed at BML Munjal University (BMU) by its faculty, associates and students
either in-house or outsource, seconded or sponsored unless specially covered by an
agreement to the contrary.
2. Objectives
The objectives of this policy document are as given below:
i. To foster, stimulate and encourage innovations in the widest sense in all the
areas in which academic, consultancy and research programmes are offered by
the University.
ii. To protect the legitimate interest of faculty, scholars, associates and students of
the University
iii. To avoid conflict of opposing interests.
iv. To lay down a transparent administration system for the ownership, control and
sharing of revenues generated by intellectual properties of the University.
3. Definitions
The meaning of terms used in this policy are as below
i. An “Associate” means an Individual who is affiliated to BMU but who is neither
an employee nor a student. Associates (for instance Honoraries, Visiting
Readers, Senior Research Investigators, Visiting Professors and Visiting
Researchers) will be required to assign the rights to any IP they create in
the course of BMU activities to the University. Associates are treated as if
they are employees of the University for the purposes of revenue sharing.
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ii. “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.
iii. “Creator” means any faculty, associate or a student who works on a research
project at BMU and those who are researchers and are responsible for the
creation of an intellectual property using the facilities of the University.
iv. “Intellectual Property” denotes the specific legal rights which inventors and
other IP holders may hold and exercise. Intellectual property includes Patents,
Trademarks, Copyrights and Industrial Designs which differ in scope, purpose
and effects. IPR aims to exclude third parties from exploiting protected subject
matter for a certain specified duration of time without explicit authorization
from the right holder. However, IPR owners may use or disclose their creations /
inventions without fear of loss of control over their usage during the course of
dissemination of their Creation/Invention.
IP confers a bundle of exclusive rights in relation to the particular form or
manner in which ideas/information are expressed/manifested in the following
and related items.
a) New and useful scientific and technical advancements in the form of
innovations, inventions, products and processes, computer hardware and
software, materials, biological varieties etc. which are patentable.
b) Industrial and architectural designs, models, drawings, creative, artistic and
literary works, teaching resource materials, records of research including
thesis and dissertations which are copyrightable.
c) Trademarks, service mark, logos etc.
4. Patents
Patent means a patent granted under the provisions of the Indian Patents Act 1970,
as amended.
5. Copyrights
Copyright means a copyright granted under the provisions of the Copyright Act 1957,
as amended.
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6. Ownership of IP
The BML Munjal University (BMU) shall be the owner, with the inventors specially
stated as creators, of all the intellectual properties like software designs and
specimens etc. created by them using the resources of BMU.
If an IP has emerged as a result of research/consultancy sponsored to BMU, the
concerned industries and the University shall own the IP. This however will not apply
to those IP that are covered under specific Memorandum of Understanding (MoU)
where the action shall be carried out as per the provisions of the MoU.
If the IP is a result of funds sponsored by an outside agency, then the IP will be shared
between BMU and the sponsoring agency on case by case basis, as per
MoU/Agreement/Undertaking between the University and the outside agency.
A computer software may be patented, copyrighted, trademarked depending upon the
IP content. Copyright software may be distributed for research and teaching purposes
by its creator after obtaining appropriate undertaking to effect that it will not be used
for commercial purpose nor will it be transferred to any other party without explicit
permission of BMU.
6. Internal Evaluation of IP
The University will coordinate the activities of evaluating, protecting, licensing and
managing the IP generated by BMU. Further it shall provide guidance to all University
staff and students and facilitate protection and deployment of intellectual property
issues of ownership, confidentiality, suitable advice from experts, disclosure,
patentability and transfer.
An invention will be patented only if it has commercial value and viability for
production and marketing. A committee shall be constituted to decide the commercial
value and related aspects on case to case basis. The committee shall also act to the
best of its knowledge to avoid scientific misconduct in research and developmental
activities of the University.
7. Publication based on IP
For patentable IP, it is essential that the patent protection is filed for, before the
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publication or disclosure of it in any other form of public domain. However,
faculty members, research scholars and students can disseminate their
creative work through publication for which they generally have freedom,
subject to the provisions of Patent Act 1970, as amended.
8. Patent Filing
The University will undertake the patent filing process and bear expenses in this
regard. The University may also decide to take IP protection in foreign countries.
9. Maintenance of Patents
For the IP developed at the University, the creator who wishes to protect his/her
creation will inform the nominated authority of the University regarding the
patentable creation/invention. The creator shall assign the IP rights of the invention
to the University. All IP related information that is disclosed to the University shall be
treated as confidential. After getting the patent, the creator is free to publish the work
for the larger public interest.
10.Patent Fee
The University will pay the patent fee for the first seven years in all cases where the
patent is taken by the University. If it is a joint patent with a sponsoring agency, then
the patenting cost will be equally shared. If the sponsoring agency does not show
interest in such process, the University can either continue the patent by paying the
fee for its full term or withdraw application for the patent protection, at its discretion.
11.Transfer of IP
The University shall strive to identify potential licensee for the IP to which it has
ownership. Generally creators are expected to assist the transfer of IP.
The University may contract IP to any of the technology management agency which
manages the commercialization of IP. If exclusive rights of IP have not been assigned
to the third party, the University may enter into a contract with any potential licensee.
12.Revenue sharing
The revenue sharing arrangements are as below:
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60 % of the total net revenue (lump sum payment, royalty or any other form) accruing
from the commercial exploitation of IP owned by the University shall be assigned to
the creators (to be equally divided amongst them), 30% of the revenue shall be
assigned to the University and rest 10% to be assigned to the R&D fund of the
University.
-----------------------------------------------End of the Document----------------------------------------------
Date: September 09, 2014 Version: 2
Created by: Director Projects Checked by: Registrar
Approved
(President)
BML Munjal University
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