Intellectual Property (IP) Policy
Intellectual Property policy creates a supportive environment for the achievement of best practice management in the application and commercialization of Intellectual Property developed within the Institute for the benefit of the people of Pakistan and the world at large. The purpose of this policy will be to clarify how Intellectual Property is to be managed by the Institute. The Intellectual Property Policy states position in relation to Intellectual Property and informs on fundamental steps that lead to the proper management, protection and/or commercialization of Intellectual Property. This policy is to be followed by all Faculty members, Researchers as well as Students and the research and academic institutions with which the Institution concerned may enter into agreements. ORIC, University of Azad Jammu & Kashmir facilitates the faculty providing Intellectual Property rights and legal services.
Brief Overview of Intellectual Property & Commercialization Policy
The University of Azad Jammu & Kashmir (UAJ&K), Muzaffarabad accepts formally that launching new products and processes result in benefits for the public including the Universities. The working of Universities is affected by national level policies such as patents and copyrights as well as the finances for the research at all levels. Moreover, to boost research activities, researchers should be encouraged through incentives for their intellectual contributions towards the betterment of society. These constraints have led the University to develop policies that are understandable to members of the UAJ&K community and consistent with the University’s primary commitment to the public interest. Intellectual Property, Patents and Commercialization covers the following aspects.
This policy is applicable to all full- and part-time faculty members, staff and employees, students, postdoctoral fellows and non-employees who use University funds, facilities or other resources, or participate in University-administered research, including visiting faculty, industrial personnel and fellows. For purposes of this policy, these individuals will be referred to as “covered persons” or “persons covered by this policy”.
Inventions and Patents
Supported Invention. Shall mean an Invention conceived or reduced to practice by person covered by this policy (whether alone or together with others) if conceived or reduced to practice in whole or in part.
Incidental Invention. Shall mean an Invention (other than a Supported Invention) that is conceived or reduced to practice by a person covered by this policy making an incidental use of space, facilities, materials or other resources related to the conception or reduction to practice of such Invention.
Disclosure Obligations. Covered persons are required to notify the University’s Office of Research, Innovation and Commercialization (“ORIC”) of each Supported Invention and Incidental Invention through a disclosure document as prescribed by ORIC, except as otherwise provided in Section III regarding Sponsored Software Inventions.
Ownership Determination. In case of Supported Invention UAJ&K shall have the right to own and each Inventor, at UAJ&K’s request, shall assign to UAJ&K all of his/her right, title and interest ownership of an Incidental Invention shall remain with its Inventor(s), subject to any rights that may be granted to UAJ&K as required by this policy.
UAJ&K Rights in Incidental Inventions. In case of incidental invention, Inventor(s)must agree to grant to the University an irrevocable, perpetual, non-exclusive, royalty free, world-wide right to use the Inventions in the University’s non-profit educational and research activities.
Distributable Royalties. UAJ&K employs a single uniform structure for distribution of royalties to Inventors, Authors and Contributors (for the purposes of this Section V, collectively, “Creators” and each a “Creator”). UAJ&K will distribute Net Royalties received by UAJ&K from the licensing or other distribution of its intellectual property or technology covered by this policy, as and to the extent provided in this policy. Net Royalties equal those gross receipts that UAJ&K is entitled to retain, less: (i) UAJ&K’s out-of-pocket costs and fees associated with securing, maintaining and enforcing intellectual property protection such as patenting and litigation expenses, (ii) out-of-pocket costs incurred by UAJ&K in the licensing of the intellectual property, and (iii) any out-of-pocket expenses in making, shipping or otherwise distributing biological or other materials (including, without limitation, Unpatented Materials). As used herein, the term “Creation” shall mean any Invention, Computer Software, copyright or Unpatented Material as to which Net Royalties are to be distributed in accordance with this policy.
Standard Distribution Method. Except as otherwise provided in this policy, the following formula will apply to the distribution of Net Royalties among Creators, their respective research laboratories, Departments/Centers University, based on amounts received by UAJ&K on or after this date:
Creator personal share 55%
UAJK research endowment share 15%
Creator Department/Center/Lab share 15%
ORIC Share 15%
1. Among multiple Inventors and/or Authors for a single patented invention or copyright: Personal shares will be allocated among Inventors and/or Authors according to a written agreement among them or, if there is no agreement, in equal shares.
2. Department/center/Institute shares will be allocated equally where Inventors or Authors come from different laboratories, departments/centers or Faculties, regardless of the number of Inventors/Authors from each laboratory, department/center or faculty, unless otherwise agreed among all Inventors/Authors.
Distribution of Income Received As Consultancy Fee Or UAJK’s Lab Services Rental
Consultant(s) means any person(s) providing consultancy services to any government, non-government organization or individual in his/her field of expertise.
Consultancy Income Distribution
Consultant Personal Share 65%
UAJK R& D endowment share 15%
Consultant’s Department/Center share 10%
ORIC Share 10%
Lab Services Income Distribution
Lab Staff Share 20%
University R& D Endowment Share 45%
Department/Lab Share 20%
ORIC Share 15%
Among multiple contributors in consultancy or Lab services: Personal shares will be allocated among contributors according to a written agreement among them or, if there is no such agreement, it will be the discretion of Principle Consultant/ Director/Head of Lab to decide the shares distribution.