Manual Sample For Intellectual Policy
Manual Sample For Intellectual Policy
Manual Sample For Intellectual Policy
Table of Contents
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ATENEO DE MANILA UNIVERSITY
INTELLECTUAL PROPERTY POLICY
SECTION 1
INTRODUCTION
This Policy governs the ownership, protection, and commercial exploitation of all
forms of Intellectual Property created by Researchers, Inventors and Creators in the
course of their duties or activities at the University, as well as in cooperation with
third parties, including other academic, research, industrial, cultural, and business
organizations.
Through this Policy, the University envisions to promote, encourage, and facilitate:
1. Relevant scientific, social, artistic, and cultural research and
innovation at the University;
2. Effective research and innovation collaboration with third parties;
3. The creation of various literary or artistic works at the University;
4. The protection of the rights of creators and researchers;
5. Efficient and sustainable management of Intellectual Property;
6. Fair distribution of economic benefits arising from commercialization
of Intellectual Property among relevant stakeholders; and
7. Enhancement of the University’s goodwill as an academic research
institution, as well as a fertile ground for cultural and holistic
development.
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Nothing in this Policy overrides the provisions of Republic Act No. 8293 or the
Intellectual Property Code of the Philippines, as amended by Republic Act 9502
and Republic Act No. 10372 (hereinafter “IP Code”), Republic Act No. 10055 or the
Philippine Technology Transfer Act of 2009 (hereinafter “Technology Transfer Act”),
Republic Act No. 8371 or the Indigenous Peoples’ Rights Act of 1997, and all laws
and treaties that bind the Philippines to which this Policy relates to, and which are
deemed incorporated herewith.
SECTION 2
DEFINITIONS
d. “Creator” is the natural person who has created the work. "Creator" is used
interchangeably with "Author."
g. “Intellectual Property Rights” (IP Rights or IPRs) are ownership and associated
rights relating to Intellectual Property, as provided for by law, including patents,
rights in utility model, plant breeder’s rights, plant variety protection rights,
rights in geographic indications, rights in designs, trademarks, service marks,
trade names, collective marks, copyrights, topography rights, know-how, and
trade secrets, including applications or rights to apply for them, extensions and
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renewals of such rights, and all rights or forms of protection having equivalent
or similar effect anywhere in the world.
i. "Inventor" is the natural person who has created a patentable Invention under
the Intellectual Property Code.
m. "Prototypes" are a model of the final product capable of achieving most of the
functions of the final product. It is intended to show prospective sponsors a
product without requiring mass manufacture.
n. “Researcher” refers to persons who perform any research task at the University,
or participate in any research project administered by the University, including
those funded by external sponsors; and in either case, use the University’s
resources. Such persons may include:
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Ateneo Law School, Ateneo School of Government and Ateneo School of Medicine
and Public Health.
r. "University" refers to the Ateneo de Manila University and includes the Loyola
Schools, and the Ateneo Professional Schools, namely, Ateneo Law School,
Ateneo Graduate School of Business, Ateneo School of Government, and Ateneo
School of Medicine and Public Health.
t. "University Use rights" are the universal, non-exclusive, royalty-free use rights
of the University to reproduce, publish, display, perform, and/or publicly
distribute works made available to the University for the non-commercial
purposes of education, exhibition, accreditation, development, alumni relations,
promotion, and the like; as examples of faculty and student work; and for
inclusion in its permanent collection and/or archives.
u. “Utility Models” are inventions that are new and industrially applicable.
SECTION 3
GENERAL PRINCIPLES
3.1 The University recognizes that students, Researchers, Creators, and Inventors
have the right to claim ownership of IPRs over works they have created without the
University’s support.
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3.2 The University recognizes the faculty’s freedom in research and in the
publication of their results subject to the adequate performance of their other
academic duties.
3.4 The University subscribes to the principle that protection and encouragement of
artistic, literary and intellectual self-expression of Creators enriches the culture.
3.5 All Researchers who utilize the facilities of the University have an obligation to
disclose patentable and copyrightable works to the University, regardless of
ownership.
3.6 The University will endeavor to support all types of research, creation, and
innovation, whether basic or applied, which further its Mission and which raise the
level of scholarship and artistic self-expression.
3.8 The University may also opt not to seek IP protection even for outstanding
discoveries and inventions. Faculty, students and Researchers may then seek IP
protection on their own initiative.
3.9 The University, in cooperation with the State, shall endeavor to learn more
about, and find ways to protect and respect, indigenous culture, traditions, and
institutions, and the intellectual property associated with Indigenous People.
SECTION 4
OBJECTIVES
4.1. The recognition and protection of IP Rights are necessary for the establishment
of a strong research environment and the cultivation of creativity and innovation.
An effective IPR system provides incentives for research and creativity, facilitates
access to research and creative output, protects against misuse and unauthorized
use of Inventions and other original creations, and can contribute financial
resources for the sustainability of research and creative activities. In addition, a
well-crafted IPR system facilitates collaboration with other institutions and
external individuals, and provides better protection for the University’s rights as an
institution.
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4.2 Thus, through this Policy, the University seeks:
a. To encourage innovation and creativity in the development of useful
Inventions, technologies, researches, and original creations;
b. To protect the rights of Researchers to the products of their research
endeavors, the rights of Inventors over their inventions, and the rights of
Creators over their works;
c. To encourage and protect freedom of self-expression among students, faculty
and other members of the University engaged in literary, intellectual or
artistic creation.
d. To raise funds from the proceeds of Intellectual Property which are generated
using its resources;
e. To enforce IPR in an appropriate manner in order to maintain the academic
nature of the University; and
f. To provide an effective and efficient mechanism that:
i. Clarifies the rights and obligations of Researchers, Inventors, and
Creators;
ii. Monitors and documents research in the University, in particular
those which are subject to intellectual property protection.
iii. Monitors and keeps records of IPRs owned by the University;
iv. Defines the procedures for technology transfer, assignment, licensing,
dispute resolution, and other IP matters;
v. Ensures that research and the sharing in the benefits of research
follow ethical precepts, including matters of conflict of interest and
professional and personal responsibility; and
vi. Provides for the registration, maintenance, and protection of IPR.
4.3 For purposes of implementing the provisions of this policy, the Ateneo
Intellectual Property Office (AIPO) shall be created to handle the University’s
intellectual property-related rights, matters, and disputes.
SECTION 5
SCOPE OF THE POLICY
5.1 This Policy shall apply to all forms of intellectual property created on or after
the date of approval of this Policy by the University Board of Trustees, and to all IP
Rights associated with them.
5.2 This Policy shall apply to all University students, faculty, postdoctoral fellows,
consultants, Researchers, Visiting Researchers, research assistants, scholars,
University employees, and other Inventors or Creators of the University pursuant
to legal instruments, including employment contract, collective research agreement
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or individual agreement. Visiting students from other universities are also covered
by this Policy.
5.3 The present Policy shall not apply in cases in which the above mentioned
person/s entered into an express agreement with the University before the effective
date of the Policy, or the University previously entered into an agreement with a
third party, concerning rights and obligations in conflict with those set out in this
Policy.
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a. Academic standards and ethics, such as plagiarism, dishonesty, and due
recognition of work;
b. Ethics in Research and, where appropriate, decisions of the University’s
Ethics Board;
c. Conflicts of interest and guidelines regarding the practice of one’s profession;
and
d. Grants, contracts or other arrangements with third parties, including
sponsored research agreements, collaboration agreements, license
agreements, and the like, if these terms are more beneficial to meet the
purposes and principles of these guidelines.
This Policy shall also form part of the University’s policies, which include the
following:
5.5 This Policy does not supersede the University’s rules on:
SECTION 6
OWNERSHIP
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6.2. Students. Students who are not employed by the University shall own all
Intellectual Property and associated IP Rights they create in the normal course of
their studies, subject to applicable University Use rights, EXCEPT when ownership
belongs to the University pursuant to Section 7, Section 8, and Section 9 of this
Policy on copyright, patent, and trademarks.
SECTION 7
COPYRIGHT
7.1 Copyright. Copyright and all other economic rights over Copyrightable Works
shall be owned by the Creators, EXCEPT in the following cases, where the
copyright shall belong to the University:
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7.3 Joint Authorship. In the case of works resulting from the contribution of efforts
coming from different persons, authorship shall be determined as follows:
a. By contractual stipulation; or
b. By application of the rules for joint ownership under the Intellectual Property
Code.
7.5 License for Publication. In order to enable the University to perform its mission
of transferring knowledge and technology for the public benefit, every Researcher,
employee, and student is required to grant a royalty-free license in favor of the
University for the reproduction, publication and public distribution of copies of
thesis, dissertation and other works, the copyright of which belongs to such
Researcher, employee, or student under this Policy
7.6 Exclusive license and assignment of copyright. In cases when the work is owned
by or licensed exclusively or permanently assigned to the Creator, the University
shall retain the right to a non-exclusive, nontransferable, irrevocable, royalty-free,
worldwide license on the work for research, educational and humanitarian
purposes.
7.7 Publication of Research, Thesis, or Dissertation. The AIPO may, on its own or
upon request of the School concerned, evaluate any thesis, dissertation or research
output by students, employees, and researchers, and recommend the postponement
of its publication if, after the examination, the AIPO finds that there is a need to
pursue IP protection on the part of the University for purposes of
commercialization. Such evaluation and examination by the AIPO of the research
output shall be made within a reasonable time depending on the circumstances.
7.8 Audio and video recordings. The University does not claim rights in the
intellectual, artistic, or literary content of the audio or video recordings of a lecturer
or creator of the audio and video recordings; the copyright over the content shall be
governed by this Policy.
The lecturer or other Creator of the presentation being recorded reserves the right
to disallow the recording of the same and to obtain remedies via the guidelines that
may be issued by the AIPO.
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SECTION 8
PATENTS & RELATED RIGHTS
8.1 Patent and Related IP Rights. - The right to own a patent shall belong to the
Inventor(s), EXCEPT those instances when the patent and all related IP Rights
belong to the University, as provided in this Policy, including:
8.5 Exclusive license and assignment of patent. In cases when the invention is
owned by or licensed exclusively or permanently assigned to the inventor, the
University shall retain the right to a non-exclusive, nontransferable, irrevocable,
royalty-free, worldwide license on the invention for research, educational and
humanitarian purposes.
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a. By contractual stipulation; or
b. By determination of the extent of contribution to the inventive step.
SECTION 9
TRADEMARK
9.1 Trademarks and Service Marks. Students, faculty, university staff, employees,
and other persons who have created Trademarks and/or Service Marks in the course
of regular university work or projects shall be afforded the opportunity to register
the marks and acquire rights thereto in accordance with the provisions of the
Intellectual Property Code. The University shall not require as a condition for
finishing a school project or assignment that the Trademark be registered under the
name of the University or any of its colleges or affiliated entities.
This Policy shall not govern the use of, transactions, and all matters pertaining to
registered Ateneo marks. Said registered marks will be subject to the "University
Business Affairs Office - Policies and Procedures Manual: Sponsorships, Licensing,
and Business Partnerships" and other applicable rules.
Legal action shall only be pursued in the event of a failure of any of these modes of
dispute resolution pertaining to the Trademark ownership.
SECTION 10
UNDISCLOSED INFORMATION
10.1 Research Output, Thesis and Dissertation. As a general policy, any research
output, thesis, dissertation, and other course-related projects, should not depend on
Undisclosed Information that will compromise the completion of their academic
requirements.
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10.2 Non-disclosure Agreement. As a policy, the dissemination of Undisclosed
Information should be subject to a Non-Disclosure Agreement (NDA) which should
include all parties involved in the work.
10.3 Review of Disclosures. The AIPO shall implement a system of review and
assessment of disclosure of research results in public forums or publications from
projects which are covered by NDA.
10.4 Material Transfer Agreement. The rights, obligations and/or the restrictions of
all materials shared between Researchers of the University and external entities
shall be covered by a Material Transfer Agreement (MTA). This shall include
Prototypes, biological organisms, devices, and the like.
SECTION 11
IMPLEMENTATION AND PROTECTION OF INTELLECTUAL PROPERTY
11.1 The Ateneo Intellectual Property Office (AIPO) is the main office responsible
for the protection and commercialization of the University’s Intellectual Property.
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k. Provide assistance by giving information to parties who wish to
register/deposit their works/other intellectual property with the appropriate
bodies;
l. Advocate within the University for the protection of intellectual property;
m. Issue guidelines and implementing rules of the IP Policy;
n. Approve the licensing or assignment of intellectual property owned by the
University;
o. Recommend changes in this Policy;
p. Recommend the creation of other offices, when necessary under the
circumstances; and
q. Such other functions as may be necessary to carry out the objectives of this
Policy.
11.4 AIPO Issuances and Regulations. The AIPO shall issue its own implementing
rules and regulations to fulfill its functions under this Policy. All guidelines and
implementing rules created pursuant to this Policy by AIPO and/or the individual
Schools shall be promulgated, attached herewith, and deemed incorporated by
reference into this Policy upon their effectivity.
11.5 Dispute Resolution. In the first instance, disputes in relation to this Policy
shall be resolved by the relevant AIPO division. A decision shall be made within a
reasonable time depending on the circumstances. Absent directly applicable
provisions in this Policy, the relevant provisions of law shall be
applied suppletorily.
11.6 Appeals from Division Decisions. Decisions of any AIPO division shall be
appealable to the head of the AIPO within thirty (30) days from receipt by the party
of the division decision.
11.7 Transition Period. In order to effectively implement this Policy, the AIPO is
authorized to retain all the fees, royalties and other income collected by it, for the
account of the University under this Policy for use in its operations, subject to
existing accounting and auditing rules and regulations of the University. This
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amount shall be deposited and maintained in a separate account or fund, which
may be used or disbursed directly by its divisions, subject to the approval of the
head of the AIPO.
The University shall provide the annual budget for the AIPO’s operations in the
first (5) years or until its revenues become sufficient to fund its operations,
whichever comes first.
SECTION 12
BREACHES
12.1 Breach of Policy. Breach of the provisions of this Policy shall be dealt with
under the normal procedures of the University and in accordance with the relevant
provisions of law.
12.2 Penalties. Any person found to have breached any of the provisions shall suffer
the following penalties:
• A period of ineligibility not exceeding five (5) years for research grants from
the University or any of its affiliated foundation;
This is without prejudice to any other penalties that may arise from other issuances
of the AIPO, the Schools, or from the violation of national and local government
rules and regulations, university policies or guidelines, including the Student
Handbook.
SECTION 13
EFFECTIVITY
13.1 Effectivity. This policy shall be effective fifteen (15) days from the date of first
publication on the web page of the Ateneo de Manila University System and/or
other forms of appropriate media accessible to all members of the University, after
final approval of the Board of Trustees of the University.
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Other guidelines, issuances, and implementing rules issued pursuant to this Policy
shall contain provisions regarding their own effectivity.
13.2 Amendments. The provisions of this policy may be reviewed and amended by
the University on a yearly basis, or as they deem necessary. The University shall
undertake to notify University employees and students as soon as is practicable of
such amendments. The amendments shall be in full force and effect on the date the
amendments have been announced by the University to take effect, after final
approval of the Board of Trustees.
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