Ownership of trade mark(s) / service mark(s)
created for IITB shall be with IITB.
In cases
of all IP produced at IITB, IITB shall retain
a non-exclusive, free, irrevocable license
to copy/use IP for teaching and research activities,
consistent with confidentiality agreements where
entered into by IITB.
(II) Disclosures, Confidentiality
and Assignment of Rights:
For sponsored and/or collaborative work the
provisions of the cont
ract pertaining to disclosure of creative
work are applied.
For all other invention(s) produced at IITB,
if the inventor(s) wish to protect the invention(s)
they produce, then they are required to disclose
the creative work to the IRCC at the earliest
date using an
Invention Disclosure
form (IDF).
Disclosure is a critical part of the IP protection
process and it formally documents claims of
inventorship, the date of the invention and
other
details of the invention. The inventor(s)
shall assign the rights of the disclosed invention
to IITB.
All IITB personnel and non-IITB personnel
associated with any activity of IITB shall
treat all IP related information which has
been disclosed to the IRCC and/or whose
rights are assigned to IITB, or whose rights
rest with IITB personnel, as confidential.
Such confidentiality shall be maintained till
the date as demanded by the relevant
contract, if any, between the concerned
parties unless such knowledge is in the public
domain or is generally available to the public.
(III) Assessment of
Innovation(s) for Protection:
To facilitate assessment, an IP Assessment
Committee (IPAC) shall be formed by the
Dean (R&D) consisting of a chairperson,
the IRCC Technical Officer (Secretary)
and at least three additional faculty members
with domain expertise or familiarity/experience
in areas related to the creative work.
The creator(s) would be free to suggest
names of faculty who are qualified
to evaluate the creative work who may be
invited
by the Dean (R&D) to be a part
of the IPAC.
The IPAC shall assess the disclosure
in a timely manner and shall make recommendations
to the Dean (R&D) about the patentability of the invention
according to the provisions of Section (I) of this policy. The
IPAC may make one of the following recommendations:
- that IITB shall take the responsibility
of protection of the IP, in which
case, IITB will initiate appropriate
processes.
- that IITB shall not take the
responsibility of protection of
the IP, in which case,the rights
to the disclosed invention shall
be promptly reassigned to the creator(s).
The creator(s) may then choose
to protect the creative work on
their
own.
Filings of IP Applications
in foreign countries: Within six
months of filing the Complete IP
Application in
India, IITB shall, based on available
information decide on the suitability
of protection of the invention
in foreign countries. If IITB opts
not to undertake such protection
in any specific country requested
by the inventor(s), IITB shall
assign rights of the IP in that
country
to the creator(s) for the purpose
of such protection.
Filings of IP Applications in foreign
countries: Within six months of filing
the Complete
IP Application in India, IITB shall,
based on available information decide
on the suitability
of protection of the invention
in foreign countries. If IITB opts
not to undertake
such protection in any specific
country requested by the inventor(s),
IITB shall
assign rights
of the IP in that country to the
creator(s) for the purpose of such
protection.
Renewal of IP Rights:
A decision on the annual renewal
of IP rights will
be taken by a committee constituted
by
the Dean
(R&D).
If IITB decides not to
renew the IPR in any country,
then it will
assign
the rights
of
the IP in that country
to the creator(s) upon a request
to
that affect from
the creator(s). In case of patents,
the process of reassignment
will be completed in
a period of three months before
the
due date
for its
renewal.
In all cases where
IP rights in any specific country have
been reassigned
to
the inventor(s), IITB shall not claim
any share
of proceeds
earned through that IP in that
country excepting for the costs already
incurred
by IITB.