INTELLECTUAL PROPERTY RIGHT (IPR) POLICY

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1. INTELLECTUAL PROPERTY OWNERSHIP
1.1. RMD Engineering College Ownership
RMD Engineering College owns the Intellectual property of any kind created by its faculty members, students, project staff, and others using RMD Engineering College funds or facilities. The RMD Engineering College owns the Intellectual property if any one of the following is applicable.


a) The intellectual property was created using the funds or facilities administered by RMD Engineering College.

b) The intellectual property was created as a part of the regular/ad hoc professional duty at RMD Engineering College.

c) The intellectual property was created through a sponsored/consultancy research work carried out within RMD Engineering College. Furthermore, specific clauses related to IP in the contract are taken into account to determine the ownership of IP.

d) The intellectual property was created as a part of academic research and training leading towards a degree or otherwise.

All copyrights including software will be owned by RMD Engineering College when it is created as a part of any of the academic programs or research work. or created pursuant to a written agreement with RMD Engineering College, providing for transfer of copyright or ownership to RMD Engineering College. More specifically:


a) RMD Engineering College will be the owner of the copyright on all teaching materials created by RMD Engineering College members. However, the authors will have the right to use the material for their teaching and research activities.

b) RMD Engineering College will not claim ownership of copyright on books and scientific articles authored by RMD Engineering College faculty. However, RMD Engineering College will have the copyright if books and reports have been created using funds specifically provided for this purpose by RMD Engineering College.

1.2. Inventor/Author Ownership
Creators/Inventors/Authors will own intellectual property if any one of the following is applicable.

a) None of the cases defined above for RMD Engineering College ownership is applicable

b) The Intellectual property was created outside of their assigned / normal research/teaching activities. For example, works such as novels, poems, musical compositions, or other works of artistic imagination that are created without the use of significant institute resources.

c) Students will own the copyright of their theses/dissertation created as a part of their academic programmes. However, the student must grant the royalty free permission to RMD Engineering College for reproducing and distributing the copies for teaching and research purposes.

d) Ownership of software code, patentable subject matter and other intellectual property contained in the theses/reports are subject to conditions specified under RMD Engineering College ownership and Inventor/Author ownership.

1.3. Third Party Ownership
When the third party is involved in the creation of intellectual property, the ownership of intellectual property will be determined based on the provisions in the contract agreed between the third-party and RMD Engineering College. The involvement of third party is considered only in the following circumstances.

a) Funds provided partially or fully by a third party to RMD Engineering College

b) Knowledge / Resource Exchange programs between RMD Engineering College and other institutions happened in the context of intellectual property creation.

If there is no formal contract/agreement with the third party, the ownership of IPR will remain with RMD Engineering College.

RMD Engineering College shall retain a non- exclusive, free, irrevocable license to copy/use IP for teaching and research activities if all intellectual property produced at RMD Engineering College,

If intellectual property is created by RMD Engineering College member(s) fully or as a part of the team during deputation/official leave/sabbatical, the concerned RMD Engineering College member should officially communicate about the intellectual property to RMD Engineering College. If the intellectual property involves ideas/software developed, fully or in part, using significant institute resources, then the IP will also be owned by RMD Engineering College.

2. INTELLECTUAL PROPERTY CELL
a) The Coordinator, IPR Cell: The Principle shall appoint a staff member of as the Coordinator of the IPR Cell. The Coordinator will be responsible for day- to-day administration of all IPR related issues. He should work under the guidance of the Principal.

b) Intellectual Property Cell (IPC): The Principal shall appoint an Intellectual Property Cell (IPC) to assist intellectual property coordinator, and to make suitable recommendations to Principal for implementation. The Principal shall nominate one member from each department in the Institute for the IPC. He or She shall continue to hold IPR Coordinator till the appointment of his/her successor.

The functions of IPC are given below:

To assist all departments of the Institute in all intellectual property matters such as creation, protection and commercialization.

To maintain a database about all information about institute intellectual properties such as files of patent applications, issued patents, trademarks and copyrights, licenses and agreements

To review cases of possible infringements on the Institute’s intellectual property and take appropriate action to secure IPR of RMD Engineering College.

The legal interests of the Institute and its staff members and students in any intellectual property, except traditional scholarly works, shall be determined by the IPC.

3. DISCLOSURES, CONFIDENTIALITY AND ASSIGNMENT OF RIGHTS
In sponsored and/or collaborative work, the intellectual property details should be disclosed as per the specific provisions in the contract with RMD Engineering College. However, the inventors should disclose their intellectual property details to the IPC at the earliest date for all others.

The inventor shall transfer the rights of the disclosed intellectual property details to RMD Engineering College before leaving the institute and will agree to the terms and conditions for sharing the financial benefits received by the institute by commercialization of such intellectual property.

All RMD Engineering College members should maintain confidentiality of the intellectual properties when efforts are made for protecting and commercialization of the IP.

4. EVALUATION OF INTELLECTUAL PROPERTY
Evaluation of Intellectual Property will be done by the Principal, Deans concerned HOD, and inventors and IPR Cell members for commercialization. During the Evaluation, the following three issues are addressed.

  • Assigning ownership of Intellectual Property in case of collaborative/ sponsored work.

  • Determining whether an Intellectual Property is innovative

  • Determining whether the Intellectual Property can be commercialized

After evaluation, the RMD Engineering College decides whether to take the responsibility of protecting the IP or not. Similarly, RMD Engineering College will decide whether to renew the IP fully or partially annually depends on the evaluation. RMD Engineering College will assign the rights of the IP to inventor if it decides not to renew the IP.

5. CONTRACTS AND AGREEMENTS
RMD Engineering College members need the approval of the college for protecting all the following IP Categories, including:

  1. Affirmation and Confidentiality Agreement.

  2. Evaluation Agreement.

  3. License Agreement

  4. Technology Transfer (Commercialization) Agreement

  5. Alternative Dispute Resolution Agreement

  6. Classified Information Non-Disclosure (specific) Agreement

  7. The Head, IPR Cell, with specific approval of the Principal will be the authorized signatory in all categories of agreements listed above.

6. COMMERCIALIZATION
  1. RMD Engineering College shall market the IP and identify potential licensee(s) for all Intellectual Property it owns or has the rights to.

  2. If the exclusive rights of the intellectual property have not been assigned to a third party, the creators of the RMD Engineering College should take full responsibility for commercialization of the IP.

  3. The inventor will be asked to provide the complete insight of the inventions including prototype building to testing to the interested industry when the Intellectual Property is commercialized. The IPR Cell could negotiate for honorarium for the inventor from the industry to offer such training.

7. REVENUE SHARING
  1. 40 % (Forty percent) of the total revenue (lump sum payment, royalty or any other form) accruing from the commercial exploitation of IPR owned by RMDEC shall be credited to Inventors/creators and 60% (Sixty percent) of the revenue shall be credited to R.M.D Engineering College.

  2. The creator(s) share would be declared annually and disbursement will be made to the creator(s), their legal heir whether or not the creators are associated with RMD Engineering College at the time of disbursement.

8. DISPUTE RESOLUTION
In case of any disputes between RMD Engineering College and the inventors regarding the implementation of the IP policy, the aggrieved party may appeal to the Principle of RMD Engineering College. Efforts shall be made to address the concerns of the aggrieved party. However, the Principle’s decision would be final in this regard.