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CMS College of Science & Commerce(Autonomous)
Affiliated to Bharathiar University
A+ Grade in the 3rd cycle of accreditation by NAAC
An ISO 9001:2008 Certified Institution
College with Potential for Excellence
 
 

INTELLECTUAL PROPERTY RIGHTS

 

  INTELLECTUAL PROPERTY RIGHTS (IPR) POLICY

Preamble

CMS College encourages, facilitates, promotes and safeguards scientific investigations and research. The IPR policy of CMS College provides guidelines for making patents to faculty members, students and those who work in industries. IP policy of CMS College aims to lay down the process for promotion and support to inventors at CMS College for translating their creative works into IP. This policy also aims to set forth guidelines for ownership of IP developed at CMS College by CMS College personnel, those directly or indirectly associated with CMS College, either in-house or outsourced, seconded or sponsored unless specially covered by a policy to the contrary. The IPR cell, CMS College shall address specific cases by using this IPR policy document as guidelines. Intellectual Property Rights

Intellectual Property Rights
Intellectual Property Rights shall include Patents, Trademarks, Copyrights, Trade Secrets and other species such as computer software or printed material, any new and useful process, machine, composition of matter, life form, article of manufacture, software, copyrighted work, such things as new or improved devices, circuits, chemical compounds, drugs, genetically engineered biological organisms, data sets, software, musical processes, or unique and innovative uses of existing inventions. For the purposes of these Ordinances Intellectual Property may or may not be patentable or copyrightable.

Objective
To promote Intellectual Property awareness among students, faculty members, nonteaching staff and researchers.

  • To organize short term training programmes, seminars, workshops and conferences.
  • To assist researchers to file patents of products, processes and inventions based on the research and development carried out by them.
  • To assist inventors in following legal procedures related to commercialization and technology transfer.
  • To promote IPR awareness among MSME (Micro, Small and Medium Enterprises) in and around Coimbatore region.

Definitions
The meaning of terms applied in this policy are as below:

  • 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.
  • Inventor means any employee of CMS College directly and/or indirectly associated and includes those who are regular faculty and staff members who are on probation, or on contract and those who are employed on temporary basis either in CMS College and/or in projects and those who are researchers or students who are responsible for the invention of an intellectual property using the facilities of CMS College.
  • Intellectual Property denotes the specific legal rights which inventors and other IP holders may hold and exercise. Intellectual property includes Patents, Trademarks, Copyrights and Industrial Designs, each different in its scope, purpose and effects. IPR aims to exclude third parties from exploiting protected subject matter for a certain specified duration of time without explicit authorization from the rights holder

IPR owners can use or disclose their inventions without fear of loss of control over their usage during the course of dissemination of their Inventions.
IP confers a bundle of exclusive rights in relation to the particular form or manner in which ideas/information are expressed/manifested in the following and related items.

  • New and useful scientific and technical advancements in the form of innovation, inventions, products and processes, computer hardware and software, materials, biological varieties etc., which are patentable.
  • Industrial and architectural designs, models, drawings, creative, artistic and literary works, teaching resource materials, generated records of research including thesis and dissertations which are copyrightable. Trademarks, service marks, logos etc.
  • Patent means a patent granted under the provisions of the Indian Patents Act, 1970, and later as modified from time to time.

PATENTS
Ownership of IP
CMS College shall be the owner, with the inventors for all the intellectual property inventions, software designs and specimens developed by the faculty members, research scholars, students and those who make use of the resources of CMS College.
If an IP has emerged as a result of an Institutional/Industrial consultancy, sponsored to CMS College, the concerned industry and CMS College shall own the IP. This however will not apply to those IP that are covered under specific MoUs where the action shall be carried out as per the provisions of the MoUs.
If the IP is a result of funds sponsored by an outside agency, then the IP will be shared between CMS College and the sponsoring agency on case by case basis, as per MoU / Agreement between CMS College and the outside agency.
A computer software may be patented, copyrighted, trademarked depending upon the IP content. A copyright software may be distributed for research and teaching purposes by its inventor after obtaining appropriate undertaking to the effect that it will not be used for commercial purpose nor will it be transferred to any other party without the explicit permission of CMS College.

Internal evaluation of IP:

CMS College – IPR Cell will coordinate the activities of evaluating, protecting, licensing and managing the IP generated by CMS College. It shall provide guidance to all CMS College personnel and facilitate protection and deployment of intellectual property issues of ownership, confidentiality, suitable advice from experts, disclosure, patentability and transfer.
An invention will be patented only if it has commercial value and viability for production and marketing. Patentability will be decided by a patent attorney or through the legal opinion provided by an IP Analyst. An IPR committee consisting of the Director of the School/HOD, Coordinator – IPR and other expert members shall decide the commercial value and related aspects on case by case basis. The committee shall also act to the best of its knowledge to avoid scientific misconduct in research and developmental activities of CMS College.

Publication Based on IP:
For patentable IP, it is essential that the patent protection is filed for before the publication or disclosure of it in any other form of public domain. However, faculty members, research scholars, non-teaching staff and students can disseminate their creative work through publication for which they generally have freedom, subject to the provisions of Patent Act 1970. After the patent is granted, the inventor is encouraged to publish the work in the interest of general public.

Patent filing process
For the inventions developed at CMS College and the inventors who wish to protect the invention, it is mandatory that the inventor has to sign an agreement with the University and disclose the invention to IPR committee. All IP related information that is disclosed to CMS College is confidential. Confidentiality shall be maintained till the dates stipulated in the agreement between the concerned parties.
Patent application that may arise out of projects/Research activities of CMS College will be applied by the IPR cell of CMS College. Expenses for filing a patent may be taken from the respective research grant. Organizations like NRDC (National Research and Development Council) may be approached for getting their services and financial assistance for patenting and for maintaining patents. In case, a patent is to be made through CMS College funds, Rs. 3,750/- will be collected as a deposit from the inventor(s) and the filing process will commence. CMS College shall bear the expenses related to Government fees, patent attorney fees, patent search fees and patent renewal fees. If the patent is granted, the deposit collected from the inventor(s) will be reimbursed to the inventor(s). Soon after completing the complete specification protection, CMS College through IPR committee shall decide on the protection of invention in foreign countries through conventional or PCT (Patent Cooperation Treaty) application.

Patent fee
CMS College will pay the patent fees for the first six years in all cases when the patent is taken by CMS College. If it is a joint patent with sponsoring agency, then the patenting cost will be equally shared. If the other agency does not show interest in such process, CMS College can either continue the patent by paying the fees or withdraw the application for the patent protection, at its discretions.

Transfer of IP
CMS College shall strive to identify potential licensee for the IP to which it has ownership. Generally, inventors are expected to assist the transfer of IP. CMS College may contract IP to any of the technology management agency which manages the commercialization of IP. If exclusive rights of IP have not been assigned to the third party, inventors may enter into a contract with any potential licenses on their initiative maintaining confidentiality through Non-Disclosure Agreement (NDA) with the concurrence of CMS College.

Revenue sharing
The revenue sharing arrangements are as below:
60% of the total revenue (lump sum, royalty or any other form) accruing from the commercialization of IP owned by CMS College shall be credited to inventors. 40% of the revenue shall be credited to CMS College.
Out of the CMS College’s share, 30% shall be transferred to the Department concerned towards encouraging research and development. 40% may be transferred to the University funds and 30% shall be transferred to IPR-Cell.

COPYRIGHTS
Ownership of the copyright

CMS College shall be the owner of all copyright works including software and all teaching materials designed and developed by employees of CMS College. Further, CMS College shall also be the owner of copyrights of works produced, including software and all teaching materials developed by persons not directly associated with CMS College, provided CMS College has made its contribution in the form of any of the resources. A copy of M.Phil./Ph.D theses works submitted to CMS College may be made available to IPR-Cell by the Central Library and M.Tech Project Reports by Department Library. IPR cell shall attempt to explore the patentable rights if any in such theses by constituting suitable committees consisting of experts. The ownership of copyright by CMS College will in no way deprive the claims of the author to publish his/her contribution in a scholarly and intellectual way and they have authority to improve, publish and propagate their works.

CMS IPR CELL
CMS IPR Cell consists of representatives from the faculty members of the research departments.
Chairperson: Dr. S. Sandhya Menon, Principal,
Coordinator:
Dr. T. Vinoth Kumar, Director, School of Biological Sciences,
Members:

  1. Dr. J. P. Kumar, Professor, Dept of Business Management
  2. Dr. N. Umadevi, Associate Professor, School of Commerce
  3. Dr. M. Nagarajan, Associate Professor, Dept of Computer Applications
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