The central government, with an objective to foster innovation and creativity in the areas of technology, sciences and humanities, has floated guidelines for the implementation of IPR (Intellectual Property Rights) policy in academic institutions.
It would help in protecting intellectual property rights ( IPRs) generated by faculty or personnel, students and staff of the academic institutions by translating their creative and innovative work into IP rights. According to the draft guidelines, a patent right will rest with the academic institution if a student, researcher or faculty member has used it’s resources and funds for developing a product.
However, if an institution determines that an invention was made by an individual on his or her own time and Unrelated to his or her own responsibilities towards the institution, and was conceived without the use of of its resources, then the invention shall vest with the individual or inventor. With the aim of nurturing new ideas and research in an ethical environment, it has suggested the creation of IP Cells in academic institutions to ensure the effective applicability of these guidelines.
The Cell will be responsible for conducting awareness programmes for students, faculty, researchers and officials. The guidelines also say that the academic institution is free to enter into a revenue sharing agreement with the researcher in cases of commercialisation of innovation and creation, as per the advice of the IP Cell. It added that the institution may appoint a committee of experts to address the concerns of the aggrieved person and all disputes shall be dealt with by this committee.
The other objectives of these guidelines include, laying down an efficient fair and transparent administrative process for ownership, control and assignment of IP rights and sharing of revenues generated by IP, created and owned by the academic institution. The 23-page model guidelines on implementation of IPR policy in academic institutions, have been prepared by the Cell for I PR Promotion & Management ( CIPAM), under the Commerce and Industry Ministry. “These guidelines shall apply to all IP created at the academic institutions, as well as all IP rights associated with them, from the date of implementation of these norms, “ it added.
The IPRs are statutory rights. Owners of these exclusive rights get protection for a specified period of time, like 20 years in case of patents. These rights include copyrights, patents, trademarks, geographical indications and industrial designs.
(With inputs from agencies)