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Shri Shankaracharya Professional University

Intellectual Property Rights Policy

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The IPR policy intends to support and protect the original work of students and facultymembers. Policy is designed in a way to provide conducive and competitive environmentwithinthe campus.

  1. Objectives
  • IPR awareness creation: By organizing awareness programs to sensitize faculty and studentsin the campus and disseminating awareness about rights to protect intellectual property andrelatedlegal issues.
  • Foster creativity and innovation: By organizing ideations, hackathons and such activities at University level to ensure participation of students in national and international levels.
  • Generation of IPRs: By providing proper support to innovators for knowledge creation.
  • Commercialization of IPRs: By developing industry relationships and initiating startups.
  1. Applicability

 

This policy is applicable to all staff members and students of Shri Shankaracharya Professional University involved in invention/creation of any kind of intellectual property such as patent,copyright, trade mark, trade secret, design, confidential information and integrated circuit’slayout.

  1. The ownership of Technological leads
    1. In-HouseResearch
      The University shall be the owner of all Intellectual Properties (IP) including inventions designs, software and such other creative works carried out at the University except in respect ofthe activities carried not jointly with other institutions or under a sponsorship by agency in which case the ownership will be decided and agreed up on mutually.
    2. SponsoredResearch
      As a general rule Intellectual Property Right of inventions arising out research propertiesundertaken on behalf of the sponsoring agencies shall he taken jointly in the name of the University and sponsoring agencies when the sponsoring agencies bear the cost of filling and maintaining of the IPR equally.If an IP is created as a result of sponsored research project or consultancy assignment/ projectwhere the contract/MOU/ agreement does not specify the ownership and/ or licensing of suchIP. The University shall own the IP. The University may however if it deems appropriate enter in to a separate agreement/ contract with the sponsor for licencing the IP to it or jointly with itwhichwill specifypayment of additional fees/ royalty.
    3. CollaborativeResearch
      All Intellectual Property jointly created, authored, conceived or put into practice during the course of collaborative research undertaken jointly by the University with collaborating Institutional (including Foreign Institutions), shall be jointly owned and the institution will share the cost of IP registration equitably with the collaborating institution.
  1. Copyright

 

    1. University shall be the owner of the copyright of all teaching material developed as part ofany of the academic /distance learning programs of the University. However the creatorsshallhavetheright to usethe material in his or her professional capacity.
    2. University shall be the owner of the copyright of all work done, such as software developedtheses of undergraduate postgraduate and research etc.as part of the academic programleading to the award of degree. However, if the work carried out by the student/Staff is a joint activity between the University and an organization or  the work is carried out exclusively at the organization, specific provisions related to IPR made in contracts governing such activity shall determine the ownership of the copyright.
  2. Trademarks
    Ownership of trademark (s)and logos created for University shall be with the University.
  3. Registration of Patents and Copyrights
    Filing application in India/Foreign:
    Inventors(Creators)of the technological lead/designs/instruments/devices/algorithms and other such IP, who want to get Patent/Copyright, are required to avail the services the Attorney empanelled and notified by the University. The inventor need to send a formal letterindicating his desire to register his innovation to the University specified attorney, through the“University IPR cell”.
    If a student(s) created an IP and would like to file patent application, the faculty member who is guiding them or mentoring them would take the lead and act on behalf of his students/mentee.
    Incase,are search leading to IP has been funded by external agency, it becomes the responsibility of inventor to keep them informed during IP registration. If an external University is involved in the research leading to IP, it becomes the responsibility of the inventor toprocure relevant documents and approval from the partnering agency/person(s), to enable IP registration through the“Attorney” specified by SSPU. Some rudimentary details such astitle, name of inventors and area of research etc. need to be provided by the inventor for documentation. Invention details, copy of the “Invention disclosure form” need not to be provided to any body as long as the details have not come to the public domain
    Inventors are encouraged to file a “Provisional Patent” as soon as possible through University specified Patent attorney, in order to protect their rights to the IP. As part of this process, asearch report shall be obtained from the attorney by the inventor. Based on the report the advice of the attorney,invent or would take a decision regarding filing the provisional application. In the provisional patent application, University would be the “applicant”, and thecreator/s would be the “inventors”. The expenditure related to the process and subsequent maintenance of patent will be borne by University alone if it is sole applicant or shared if theinventor/inventors wishes to be one of the applicant in the ratio 60:40 (Inventor as Applicant:Universityas Applicant).
    Based on the inputs by the “University empanelled attorney” and search report”, decision wouldbe taken to file “full patent application. Once it is decided to file “Full patent application”,invent or shall provide all necessary details to the University IPR cell.
  1. Revenue Sharing
    The revenue generated by IP in the form of commercialization/IP transfer/licensing/royalty shall be shared in the ratio of 50:50 between the inventors and SSPU respectively after recovering the expenses incurred in filing, maintenance, communication, legal issues, taxation, and documentation. If the IP generation involves a third party in the form of significant sharing of the third party’s resources and expertise with SSPU or with concerned SSPU personnel including SSPU faculty, staff and students, and that the third party contributes equally in filing and maintaining IP,the revenue then shall be shared appropriately in agreement with all the parties involved or as per the MOU between the thirdparty and SSPU. The revenue sharing ratio between the inventors should be mutually agreed among the inventors and should be clearly stated and submitted to University IPR cell at thetime of IP submission/filing. SSPU retains the right of adjusting and updating the revenuesharing ratio/policy periodically. However, the IP policy/ revenue sharing ratio specified during IP submission/filing shall prevails at the time of actual revenue sharing.
  1. IP Maintenance
    Once Applicant(s) files the patent application, IPR process and maintenance expenses including documentation, communication, maintenance fee, legal issues, etc. shall be coveredby applicant(s). In the case of IPs filed jointly with third parties, the maintenance expenses shall be shared equally between applicant(s) and concerned third party. If the third parties are not forthcoming to share the maintenance expenses,SSPU on its discretion may maintain such IPs as SSPU’s sole property and that SSPU does not entertain any revenue sharing with the third party in such circumstances.
    Any litigation / disagreement / issue / difference of opinion / problem concerning authorship, revenue sharing, infringements, royalty, etc arising related to IPR should be promptly reported to the University IPR cell, in the form of a clearly written and signed complaint /grievancebythe inventor. The University IPR cell, after considering the conflict of interest, on its discretion, shall appoint a competent authority or an IP grievance committee comprising competent authorities from within SSPU to review the grievance of concerned inventor/s or associated organizations. The decision of the review committee / authority on approval of the Registrar-SSPU is final at the University level and will be binding to all. If any inventor or participating organization remains unsatisfied with this decision, all the legal issues concerning SSPU IPR shall be dealt with appropriate legal systems within India. The Registrar-SSPU shall appoint a competent authority as a representative of SSPU to participate in the legal proceedings on case by casebasis. In case the inventor leaves the University due to some reason, it shall be mandatory for the invent or to assign the intellectual property rights to the University before leaving the University. Under all circumstances, SSPU reserves the right to use intellectual property for any purpose.