- (IX) Dispute Resolution:
In case of any disputes between IITB and
the inventors regarding the implementation
of the IP policy, the aggrieved party may
appeal to the Director of IITB. Efforts shall
be made to address the concerns of the aggrieved
party. The Director?s decision in this regard
would be final and binding.
- (X) Jurisdiction:
As a policy, all agreements to be signed
by IITB will have the jurisdiction of
the
courts in Mumbai and shall be governed
by appropriate laws in India.
Glossary:
- 'Author' means faculty, students, staff or
visiting faculty who has/have written or created
a creative
work.
- 'Collaborative Activity' is the research
undertaken by IITB personnel in cooperation
with industry
and/or another researcher(s) who are not
IITB personnel.
- 'Confidential Information' Information not
in the public domain and declared confidential
by
parties as such in a MOU/Agreement that has
been signed by the parties.
- 'Conflict of Interest' or a 'Potential Conflict
of Interest' exists when an inventor/author
is or may be in a position to use either
creative
work or influence for unmerited personal
or family gain.
- 'Copyright' means the exclusive right granted
by law for a certain period of time to an
author to reproduce, print, publish and sell
copies
of his or her creative work.
- 'Copyrightable Work' is a creative work that
is protectable under copyright laws. Copyright
protection is available for most literary,
musical, dramatic, and other types of creative
work, including
software, teaching materials, multimedia
works, proposals, and research reports.
- 'Creators' are persons who have produced
any original work
- 'Cumulative Earnings' from a patent/patent
application are the total earnings to date
obtained from
the commercialization of the patent/patent
application.
- 'Design Registration' Registration of the
novel non-functional features such as shape,
or ornamentation
of a product.
- 'IITB personnel' includes but is not limited
to the faculty, students, staff or visiting
faculty, researchers and scientists at IIT
Bombay.
- 'Intellectual Contribution' means original
technical or artistic contributions.
- 'Intellectual Property' includes but is not
limited to copyrights and copyrightable materials,
patented
and patentable inventions, tangible research
results, trademarks, service marks and trade
secrets.
- 'IP Assessment Committee (IPAC)' is a
committee formed by the Dean (R&D), which
decides on the issues of ownership and patentability
among
others consisting of a Chairperson,
the
Technical Officer (Secretary) of the
IRCC and at least
three additional faculty members.
- 'Invention' includes but is not limited to
any new and useful process, formula or machine
conceived
or first reduced to practice in whole or
in part, defined within the purview of the
Patent Act.
Inventor(s) are person(s) who produce an
invention.
- 'Licensing' is the practice of renting the
intellectual property to a third party.
- 'Net Earnings' Earnings resulting from the
licensing or commercialisation of the IP,
reduced by the
outstanding actual expenses incurred in
obtaining and commercialization of the IP.
- 'Patent' means the exclusive right granted
by law for making, using or selling an invention.
- 'PCT Application' A PCT is a system of filing
a patent application in several countries
through a single application keeping the
priority of
the first filing in any of the countries
within the PCT system.. This is administered
by the
World Intellectual Property Organisation
(WIPO) in Geneva. It is not a patent granting
system.
- 'Protection of Layout of Integrated Circuits'
Layout scheme of Integrated circuits that
are functionally important.
- 'Royalty' is the payment made to an inventor/author
or an institution usually for legal use
of a patented invention or any Intellectual
Property
when licensed.
- 'Significant Use of IITB Resources' is any
usage of IITB?s resources in the creation
of the invention(s),
excess of the routine use of office facilities,
computers, library resources and resources
available to the general public.
- 'Software' means anything executable in a
computer.
- 'Teaching material' means any material that
aids the process of teaching
- 'Trade Mark / Service Mark' is a distinctive
word, symbol or picture or a combination
of these, which is used by a business entity
to discriminate
its products and services from those of
other business entities.
- 'Trade
Secret' Usually some information such as know-how
of commercial or strategic
value that is not disclosed to all and is
used in a
restricted manner.
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