rules and regulations of gbpihed - Govind Ballabh Pant Institute of ...
rules and regulations of gbpihed - Govind Ballabh Pant Institute of ...
rules and regulations of gbpihed - Govind Ballabh Pant Institute of ...
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licensed. The method <strong>and</strong> terms <strong>and</strong> conditions <strong>of</strong> licensing <strong>of</strong> all such developmental<br />
work, shall be clearly specified in the license agreement. Any directly relatable<br />
developments with respect to the know-how already referred to the National Research &<br />
Development Corporation (NRDC) shall be referred/ assigned to the NRDC as<br />
improvements/additions to the already assigned know-how.<br />
6.3.3.(A) Ownership <strong>of</strong> intellectual property<br />
Intellectual property that is patentable or protectable:<br />
(i) GBPIHED will not require to be assigned to it intellectual property created by inventors<br />
where there is use <strong>of</strong> usual <strong>Institute</strong> resources only.<br />
(ii) GBPIHED will require to be assigned to it such intellectual property as is created by<br />
creators:<br />
(a) through the use <strong>of</strong> <strong>Institute</strong> supported resources <strong>and</strong> which is in the opinion <strong>of</strong> the<br />
<strong>Institute</strong> as commercializable,<br />
(b) intellectual property created through sponsored research where the sponsor does not<br />
claim intellectual property right, <strong>and</strong><br />
(c) IP developed through contract research, i.e. with total or partial financial support,<br />
<strong>and</strong> with/without technical input from users/clients. In such cases the ownership<br />
<strong>and</strong> licensing <strong>of</strong> IP for commercial utilization shall be with GBPIHED except in<br />
case <strong>of</strong> collaborating research where the other collaborator has also contributed for<br />
developing a particular technology <strong>and</strong> in such cases the IPR can be shared<br />
depending on the contribution <strong>of</strong> each partner(s).<br />
(iii) GBPIHED will have the benefit sharing right <strong>of</strong> 15% <strong>of</strong> the total financial benefit<br />
patented by the other institutions from the results <strong>of</strong> the project sponsored/ financial<br />
support provided by the GBPIHED.<br />
In the case <strong>of</strong> all such properties the creators will retain all the moral rights to be identified as<br />
such unless they specifically waive this right in writing.<br />
Royalty accruing or any type <strong>of</strong> payment received from commercialization <strong>of</strong> <strong>Institute</strong> owned<br />
intellectual property will be shared between the <strong>Institute</strong> <strong>and</strong> the creator(s).<br />
6.3.3(B) Copyrightable Work<br />
Ownership <strong>of</strong> copyright <strong>of</strong> all copyrightable work shall rest with the author(s) with the following<br />
exceptions:<br />
i. If the work is produced during the course <strong>of</strong> sponsored <strong>and</strong>/or collaborative activity,<br />
specific provisions related to IP made in contracts governing such activity shall<br />
determine the ownership <strong>of</strong> IP.<br />
ii. GBPIHED shall be the owner <strong>of</strong> the copyright <strong>of</strong> work, including s<strong>of</strong>tware, created by<br />
GBPIHED personnel with significant use <strong>of</strong> GBPIHED resources.<br />
iii. GBPIHED shall be the owner <strong>of</strong> the copyright on all teaching material, policy<br />
documents, etc. developed by GBPIHED personnel as part <strong>of</strong> any <strong>of</strong> the academic<br />
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