Pedoman Insentif Riset Edisi-5 - Lembaga Penelitian dan ...

CONSIDERATION for INTELLECTUAL PROPERTY ISSUES164Annex 2This annex provides an indication of the Intellectual Property Issues (Protection,Ownership and Allocation) that should be considered by Participants in Joint ResearchActivities.Notwithstanding anything stated or implied in this Annex, it is the sole responsibility ofprospective and actual Participants to take all necessary steps, including obtainingexpert’s professional advice, to ensure that their legal and commercial positions areadequately protected and to ensure adequate legal and physical protection forBackground Intellectual Property, Foreground Intellectual Property and ConfidentialInformation.Definitions :1. “Intellectual Property“ shall have the meaning provided for in Article 2 of theConvention establishing the World Intellectual Property Organization, done atStockholm, 14 July 1967 and as amended on 28 September 1979.2.“Background Intellectual Property” means Intellectual Property that has beendeveloped independently of a Cooperative Activity and that is made available by oneof the Participants for the use in a Cooperative Activity.3.“Foreground Intellectual Property” means Intellectual Property created in, or as adirect result of, a Cooperative Activity.4.Implementing Arrangements means the arrangements made and agreed by all partiesinvolved in joint activities. Implementing Arrangement shall be legally bindingdocuments.Intellectual Property Issues :1. The Parties shall provide for the protection of Background Intellectual Property andForeground Intellectual Property. Implementing Arrangements should be aware of :(a) procedures for checking –(i)(ii)prior to the commencement of the Cooperative Activity; andas appropriate during the Cooperative Activityfor third party Intellectual Property that might :- be infringed by the Participants while carrying out CooperativeActivities ; or- infringe Intellectual Property created under the ImplementingArrangement ;(b) each Participant’s Background Intellectual Property and :(i)(ii)the nature of the protection that has been, or needs to be, accorded tothat Background Intellectual Property ; andthe nature of any third party rights restricting the use of BackgroundIntellectual Property ;