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Revised Intellectual Property (IP) Policy of IIT Bombay 2012
As approved by IIT Bombay Board of Governors in the 215th Meeting held on 14 June, 2012
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Part A: Preamble
The first Intellectual Property (IP) policy for the Institute was established and implemented since 2003. In the last few years, a number of new initiatives and issues have arisen, with the enhanced growth in research and development. In view of the experience obtained during this period, in commercialisation, incubation, international collaboration, distance education courses and student related issues, it was decided to review the current policy and suggest changes as appropriate. This document is the revised IP Policy for the Institute.
IITB acknowledges the role of numerous stakeholders in the creation of its Intellectual Property (IP), namely the government, public, researchers, faculty, staff, postdoctoral fellows, research students, postgraduate and graduate students, guest researchers, sponsors, technology transfer units and the national IP offices. Being a public educational institute, interests of the various stakeholders have been attempted to be taken care of.
IITB recognizes the importance of innovations and assists in translating them into products, processes and services for both commercial benefits and achieve the widest public good. The features of this IP Policy aim to meet such needs and enable IITB to achieve its vision. IITB.s IP policy is designed to identify, protect and leverage the bouquet of IPs that is generated from research . patents, copyrights, design rights and trademarks amongst others, that serve the purpose of knowledge diffusion and commercialisation.
Part B: The IIT Bombay Intellectual Property (IP) Policy
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Part C: The Inventions related IP Policy
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Part D: The Expressions related IP Policy
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Part E: Annexure
Annexure 1 . Defining parties concerned and significant usage
Use of library facilities, internet connectivity, and occasional use of office equipment and office staff will not be considered "significant use" of Institute facilities and equipment. In addition, the following are accepted as no significant usage of Institute resources:
The Institute requires the individual to provide supporting documentation towards the claim of no significant use of the Institute resources and reserves the right to grant appropriate waivers. It is to be noted that in the event of further development or modifications to an earlier individual work by making significant use of IITB facilities, resources and related funding, IITB may assert further rights in accordance with its IP policies.
Access to facilities for external registered students is limited to their related research and is bound by the IP policy of IITB.
Annexure 2 . Disclosure, Assessment and Protection
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.
For sponsored and/or collaborative activity, the provisions of the contract pertaining to disclosure of creative work are applicable.
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.
In order to expedite and complete the procedural and legal formalities of IP protection, all inventors / creators of IITB are required to sign such identified documents and provide assistance to empower and enable IITB to complete these statutory requirements within stipulated time.
Assessment of Inventions / Innovations for protection
Renewal of IP Rights: A decision on the annual renewal of IP rights will be taken by the Institute. If IITB decides not to renew the IPR in any country, then it may assign the rights of the IP in that country to the creator(s) based on a request to that effect from the creator(s) and an internal review. 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.
Annexure 3 . Revenue Sharing
Annexure 4 . Role of Industrial Research and Consultancy Centre
Issues of ownership, confidentiality, disclosure, patentability, technology transfer, revenue sharing, and conflict of interest among others play a very important role in any IP management and workshops / meetings are conducted by the Institute to enhance awareness on related issues. IRCC also provides templates and guidelines for the contracts, agreements and MOUs governing the effective exploitation of the IP produced by IITB. All such agreements and matters relating to confidentiality, infringements, damages, liabilities and compliance are administered by IRCC.
Annexure 5 . Contracts and Agreements
Dean R&D acts as the final signing authority in all categories of agreements listed above. IRCC facilitates the process of framing such agreements by way of providing templates and services through professional consultants.