Ahmedabad University (AU) is a self-financed, non-affiliating State Private University promoted by Ahmedabad Education Society (AES). The vision of the AU is "to be a temple of higher learning engaged in gathering, generating, storing and disseminating knowledge relevant to the societal needs, offering multi-disciplinary programs to students emphasizing their all-round development" and it seek to "encourage research and the open exploration of intellectual enterprise".
Ahmedabad University (hereinafter referred as “University”) aims for global standards of excellence across the spectrum of research, from fundamental, curiosity-driven work that builds the stock of knowledge and leads to new research questions to applied research and innovation with direct applications to industry and communities. By virtue of supporting a vibrant research environment through its expert faculty for its students to explore and expand the frontiers of knowledge, it is necessary therefore, to have in place, systems and mechanisms to structure and enforce the process of creation, preservation, documentation, transfer and application of IPR linking their commercial exploitation under the legal provisions in the country.
The goal of the Intellectual Property (hereinafter referred as “IP”) policy of the University is to recognize, guard and manage intellectual properties generated from the work carried by the University human resources.
The University wishes to underscore the importance of IP and urges all faculty, staff and students to document their innovative and creative outputs with a view to identify and protect their IP. The University is keen to facilitate IP generation, protection and its application for shared benefits to both University and inventors in a transparent manner. For the facilitation of the IP policy, the University shall constitute the Intellectual Property Cell (hereinafter referred as “IPC”). The office of the IPC shall deal with all activities relating to IP of the University.
WHAT CONSTITUTES AN INTELLECTUAL PROPERTY
IP is an intangible knowledge product resulting from the intellectual and scientific pursuits that qualifies for legal protection under relevant legislations regulating and governing various forms of IP Rights (IPR). IP thus is an outcome of the in-house, sponsored research, industrial consulting or other forms of collaborative research and development (R & D).
Broadly, IP could take the form of any invention related to scientific, technological, social, societal, and business development namely: patent, industrial design, trademark, copyright, mathematical models, business models, confidential information, technical know-how, mask works, process, plans, circuit, diagrams, specifications, guidelines, graphics, training materials, software programs, records, drawings, instruction guides, logo, study materials, new techniques, algorithms, concepts or any other form as per the need and development.
The several types of IP can be broadly listed as follows:
WHOM THIS IP POLICY IS MEANT FOR
This IP policy covers all human resources of the University (hereinafter referred as “inventors”) including students, staff and the faculty. It also covers outside faculty, individual research scholar, scientist, companies, firm, institutions, research centre, vendor, supplier or any other business partner engaged directly or indirectly in research and development, innovation and intellectual & scientific pursuits being carried at the University in India and abroad either individually or jointly with any inventor of the University. It is also applicable to the employee of the University who is under lien, sabbatical, training, visit or internship to other organizations.
IP GENERATION AND OWNERSHIP
Under all circumstances University always reserves right to use the IP generated for its academic and research purpose. It is also mandatory for the inventor / author to obtain all necessary permissions while using the copyright material. University is not liable for any copyright violation by the inventor or the author.
DISCLOSURE OF IP
TECHNOLOGY TRANSFER AND IP LICENSING
University envisages a fine balance between a need to protect the IP and its commercialization.
The University may examine to institute an ‘IPC Fund’ by investing corpus amount every year and accumulating part of the revenue generated from licensing/assigning and other resources to support IP activities of the University. The IPC fund will be managed by the IPC of the University.
CONSTITUTION OF THE IP COMMITTEE (IPC)
The IP Committee (IPC) will be the core administrating body, which will be responsible for evolving detailed procedures to facilitate implementation of the IP policy of the University. The IPC Committee shall essentially work as a policy formulating committee while the executive actions will be carried out by the IPC. The periodic amendments recommended by the IPC shall be adopted by the University after due process of approval from the Board of Governors of the University.
The IPC shall have 7 members and will be headed by the Provost/Vice Chancellor and will have the following structure:
The IPC shall meet whenever necessary. The scope of activities of the IPC shall include the following:
INFRINGEMENTS, DAMAGES, LIABILITY AND INDEMNITY
CONFLICT OF INTEREST
In the event of any dispute, controversy, claim or disagreement of any kind whatsoever between the University and inventor(s) of the University, collaborating institutions or any service provider regarding the implementation of the IP policy, or in connection with or arising out of any agreement or the breach, termination or invalidity thereof between or among the parties thereto, or any person claiming under any of them, the parties concerned shall promptly meet and discuss the dispute in an effort to resolve it. If no resolution could be reached within 15 (fifteen) days following the date on which one of the parties first notifies in writing to the other(s) of its request that such a meeting is to be held, then, the dispute shall be resolved by arbitration under the provisions of the Arbitration and Conciliation Act, 1996 and the Rules there under, as amended from time to time. The arbitration shall be conducted by a sole arbitrator, who shall be a person appointed by the Provost. The venue of such Arbitration shall be at Ahmedabad, India. . The arbitration shall be conducted in the English language.
As a policy, all agreements to be signed by the University will have the exclusive jurisdiction of the courts in Ahmedabad and shall be governed by appropriate laws in India.
To begin with, this policy will be in operation till 31st March 2020. The same will be then reviewed for further period based on the experience and learnings during the implementation. This policy then may be reviewed, amended, modified, suspended or withdrawn by the Management at any time.
Draft date 29th September 2016
Edited by Mitul Shelat on 8th November 2016
Presented to ACM at the meeting 3rd February 2017 for final approval
Approved for Circulation and implementation at AC Meeting on Friday, 10th March 2017
Invention Disclosure Form (An interim version)
Date of submission:_______________
The inventor is requested to fill up the following form while submitting an application for filing a patent by Ahmedabad University.
[General Patent Information: In order to obtain patent protection, your invention must demonstrate the following:
New (or novel): The invention must be new, that is, it has not been previously used, sold or described publicly.
Useful: The invention must have an actual use and not be just a subject for additional research.
Non-obvious: The invention must not be obvious at the time of conception to another person having ordinary skill in the art].
I/We hereby declare that all statements made herein of my/our own knowledge are true and that all statements are believed to be true [to be signed by all inventors].
Inventor Signature Date
(Please add the above line in the same format in case of more inventors)
Countersigned by Dean R&D