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Thursday, May 24, 2012

THE UNIVERSITIES FOR RESEARCH AND INNOVATION BILL, 2012

The bill is tabled in Parliament. Some aspects of the bills are highlighted here:



“public funded intellectual property” means an intellectual property which is the outcome of research and development in a University for Research and Innovation for which the Central Government, or any agency established, by or under any law or otherwise by the Central Government, has provided grants under sub-section (1) of section 20;
Chapter V deals with PROTECTION AND UTILISATION OF INTELLECTUAL PROPERTY EMERGING FROM PUBLIC FUNDED RESEARCH

Where a University for Research and Innovation creates new knowledge from research which is funded by the Central Government, or by any body under the Central Government and leading to an intellectual property, such University shall as soon as the fact of actual realisation of the public funded intellectual property comes to knowledge, make a disclosure thereof to the Central Government or such authority designated, by notification, by the Central Government.
(2) The University for Research and Innovation shall, within the period required by any law for the time being in force for protection of public funded intellectual property, intimate to the Central Government, its intention to retain the title of the public funded intellectual property and the Central Government shall, subject to such law, allow the title of such public funded intellectual property to vest in such University:

29. (1) The University for Research and Innovation retaining the title to a public funded intellectual property shall protect and utilise it in such manner as it may deem fit:

The income or royalties arising out of the public funded intellectual property shall be shared by the University for Innovation with the intellectual property creator in accordance with the provisions of any agreement which may be entered into in this regard between such intellectual property creator and such University.


IP resulting out of part funding by Government - do they come under this definition of Public Funded IP? Where as Public Funded University is defined as the one whose capital investment is fully funded by Government, same is not clear with respect to IP.


Welcome comments on this?




1 comment:

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