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IPR Policy

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Preface
ARKA JAIN University was established in February, 2017 by the Jharkhand State Legislature under “The ARKA JAIN University Act”. The University is a government recognized university with the right to confer degrees as per the Sections 2(f) and 22(1) of the UGC Act, 1956.The sprawling campus of the University is situated at Gamharia, Dist: Seraikela – Kharsawan, 13 km from steel city Jamshedpur. “The objective of the University shall be to disseminate and advance knowledge, wisdom and understanding by teaching and research and by the influence of its corporate approach.

The University offers multi-disciplinary programs for integrated courses in Humanities, Science and Technology in the educational programs of the University take appropriate measures for promoting interdisciplinary studies in the University”. Therefore, it is necessary that the knowledge generated through research, teaching, and collaborative endeavors gets encouragement and facilitation to be kanslated easily into lntellectual Property Rights of the stake holders. Encouragement, promotion and safeguarding the innovations generated by the faculty, students, research scientists and staff members of the University is of concern. Hence, it is necessary to formulate a IPR management policy, procedural guidelines, and administrative structure for making the inventions available to the public while providing adequate safety to the lPR. lt therefore expects that any invention, innovation and research findings, arising from the University would be used for the development of the country.

Vision
A self-sustainable ecosystem within the Arka Jain University where intellectual Property stimulates creativity and innovation for the benefit of all employees.

Mission
To motivate and guide the inventors and researchers of Arka Jain University to obtain the IPRs for their inventions and to provide support for the technology transfer and commercialization within the framework of the IPR policy of the university

Stakeholders of IPR
A stakeholder may contribute in one way or other in the process of conceptualization, findings and generation of innovations leading to IPRs that has a potential for commercialization. AJU is a major stakeholder in any IPR patented and/or commercialized because it provides infrastructure to the researcher/ inventor in terms of supporting staff, lab space, equipment, library facility and funds etc.
In view of the above, the following are the stakeholders of any IPR generated in the course of research, experiments and laboratory practices, preparation of assignments, teaching etc that has been pursued within Arka Jain University.

  • AJU, as an institution
  • Faculty of the University
  • Research Scientists hosted by the University
  • Technical/nontechnical staff of the University
  • Visiting Scientists from other institutes or industry working in the University
  • Postdoctoral fellows/Research Officers working in the University
  • Research scholars enrolled in the University (viii) Funding Agencies like ICSSR, DST, SERB, ICMR, etc.)

IPR Assignment and Protection
Disclosure and Maintenance of confidentiality
When the inventors are of the belief that they have generated patentable intellectual property using University resources, they should report it promptly in writing along with relevant data and complete information in detail to the IPM Cell of the university requesting for IPR protection. The inventor should reveal to the IPM Cell about the invention/ technology development software/copyrightable materials with proper justification. The IPM Cell of the University will evaluate the disclosure made by the inventor(s) and determine whether there is a good prima facie case for believing that the IP has economic value and it needs protection. If recommendation of the committee is positive, the Cell will guide the inventor through the patent filing process.

Patents
Any new product and/or process, which has potential application in any trade and/or commerce, can in principle be filed as a patent with novelty claims. A patent is legally owned by the assignee. If any stakeholder (defined under Section ll. (ii-viii)) makes an invention, the IP rights will belong to the University.
(i)   This means that IP developed by the University researcher is owned by the University, with the researcher(s) explicitly named as inventor(s). Thus AJU will be the sole assignee of the patent if the invention arises out of the use of resources of the University.
(ii)  Any IP generated as a work for hire will belong to the University.
(iii) IP generated by an employee/student researcher/visiting professional of the University will always be the property of the University whether University resources are used or not.
(iv) The University will be the sole assignee of IP created through sponsored research where the sponsor does not claim IP rights. Prior to filing patent, the inventor needs to take a No Objection Certificate from the sponsor clearly stating that they do not wish to claim IP rights.
(v)  In the case the sponsor desires to claim IP rights, the University and the sponsoring agency will be joint assignee of the IP.
(vi) If the invention involves no use of University resources, and the IP is created while the employee/student was on assignment/sabbatical to a different institution, then AJU and the other institution will be the joint owners/assignees of the IP created with the employee/student concerned named as the inventor in the patent application.
(vii) Where research has been sponsored by a government agency/autonomous body, and no prior agreement exists on sharing of IP, then the licensing of patents, and the revenue sharing on the event of its commercialization should be negotiated between the sponsor and the University.
(viii) Royal/financial gains accruing from the commercialization of the University owned IP should be shared between the University and the inventors as per the policy guidelines of AJU.

Sponsored Research
The IP generated from research projects sponsored by external agencies will be owned by AJU and the sponsoring agency jointly. In the case the sponsoring agency agrees to be a assignee in the Patent of the concerned IP, it will bear 50% of the filing and processing cost. After the grant of the Patent the protection cost will be borne by the two parties equally. The Project investigator receiving and governing the grant must himself/herself aware of such conditions prior to accepting the grant. It would be mandatory for the Research Scientists/ Project Fellows/ Research Associates/ equivalent persons hired in sponsored Research Projects to abide by various terms and conditions laid down by the AJU IPR policy.

Creative Works and inventions (Software, Art works, Designs, Devices, instruments, machines, Molecular Drugs, integrated circuits, Sensors, Chemical, Biological and Pharmaceutical Formulations)
University will hold the IPR to all software and hardware, integrated circuit layouts, electronic, magnetic, optical or mechanical sensors, and electronic devices created/designed by any individual, or a group of individuals defined under Section- II (ii)-(viii). In the case of sponsored research, the IPR will be jointly owned by the University and the sponsoring.

Theses, term papers and research reports
Phil/M. Tech/Ph.D. Thesis: Under the academic statutes of the University, a research scholar pursues his/her research work under the supervision of a faculty member of the University. The experimental/field survey data (and their derivatives) contained in the thesis can be a rich source of IP. Therefore, it is pertinent that the supervising teacher and the student must jointly own the copyright of the thesis, which the student submits for the fulfilment of the requirements for a Ph.D. degree. The supervisor and the student will allow the University to retain a copy of the thesis in both hard copy and electronic form for keeping in the library of the University for Academic Use.
In the case the student and/or the supervisor wishes to file a patent based on the invention(s) of products or procedures described in the thesis, they will have to request the University to restrict access to the thesis for a limited period and not to disclose any part of thesis to any person(s) without their written authorization for a maximum period of one year from the date of submission of the thesis.

IP generated through consultancy
The faculty/research staff of the University obtain consultancy offers from industry/Commercial establishments, firstly because of their domain competence, and secondly, because of their affiliation with AJU. Therefore, operation of all consultancy assignments should be channelized and administered centrally by a designated Cell/Unit of the University.

Any intellectual property arising from the consultancy project will be jointly owned by the University, and the consulting firm.

Copyrights
The issue of Copyrights ownership and protection will be governed by the Indian Copyrights Act in force at that time. However, in the context of AJU, the following guidelines will be followed:

The University will be the owner of the copyright of all teaching materials/methods developed by the University personnel as a part of any of the academic programs of the University. However, the author concerned will have the right to use the material in his/her academic pursuits.

Any copyrightable work generated as a work for hire will belong to the University.

The University will be the owner of the copyright of the work generated in the area of specialization of the University personnel, which includes software created with the use of University resources, other than a literary work.

The student/scholar and his/her supervisor(s) will jointly own the copyright of the thesis / dissertation / project reporter paper written by a student. e) If the work is not related to the domain area of the University personnel and does not involve the use of University resources, then the University will have no ownership right in that work. f) The University will not own the copyrights of works such as books, articles, monographs, lectures, speeches, video presentations and other communications produced by the University Personnel where the University resources are not used.

Procedures for IP Protection
(i) Any employee(s) of the University desirous of filing a patent application in connection with the innovative work done by him/them should follow the procedure outlined below:
(ii) Forward a one-page proposal outlining the main highlights of the invention to the Chairperson, IPM Cell, for preliminary evaluation.
(iii) The application will be processed by the office of the IPM Cell as per the IPR Policy of the University.
(iv) If after the examination, the proposal is found to be patentable, it will be conveyed to the inventor applicant, and he/she will be advised to seek the professional help and guidance of AJU empaneled patent expert.
(v) The patent expert will conduct a patentability/prior-art search and report the same to the IPM Cell. e) The IPM Cell will assess the application, based on a feedback from the patent expert.
(vi) If the invention is found to be patentable, it will be recommended for patenting by the University, the applicant will be requested to have further discussion/interaction with the patent expert for completing formalities for filing the application in India Patent Office.

Liability and indemnity insurance
Any employee(s) of the University desirous of filing a patent application in connection with the innovative work done by him/them should follow the procedure outlined below:

(i) Forward a one-page proposal outlining the main highlights of the invention to the Chairperson, IPM Cell, for preliminary evaluation.
(ii) The application will be processed by the office of the IPM Cell as per the IPR Policy of the University.
(iii) If after the examination, the proposal is found to be patentable, it will be conveyed to the inventor applicant, and he/she will be advised to seek the professional help and guidance of AJU empaneled patent expert.
(iv) The patent expert will conduct a patentability/prior-art search and report the same to the IPM Cell.
(v) The IPM Cell will assess the application, based on a feedback from the patent expert.
(vi) If the invention is found to be patentable, it will be recommended for patenting by the University, the applicant will be requested to have further discussion/interaction with the patent expert for completing formalities for filing the application in India Patent Office.

Liability and indemnity insurance
(i) In the case of infringement of any intellectual property right(s) by the University faculty/staff/students/project staff/visitors or any third party, IPM Cell would first conduct an enquiry into the matter and make recommendations to the Vice Chancellor for resolution of such infringement including the need for any disciplinary/legal course of action.
(iii) The University shall retain the right to engage in any litigation concerning patents or license infringements in order to safeguard its IPs.

Dispute Resolution
If any conflict/dispute/grievance arises between the researchers/ inventors the aggrieved party may appeal to the Vice-Chancellor/Director of AJU through IPM cell, whose decision in the matter shall be final. As a policy, all IP related agreements signed by the University, and dispute(s) arising thereof, will be subjected to the legal jurisdiction of Ranchi High Court only.

IPR POLICY ADMINISTRATION
The IPR policy shall be applicable to all the University personnel working on regular or contractual basis, as well as to non- University personnel associated with any activity of the University. IPM Cell shall be the sole custodian of all IPs generated in the University.

The IPR Cell shall have the following committee structure:
(i) Chairperson appointed by the Director or Vice Chancellor or they themselves.
(ii) Advisory Committee consisting of one member from each School (one of which will be the member secretary as per recommendation of competent authority of AJU)
(iii) One or Two external members specializing in IPR related issues.
(iv) One Legal Expert
(v) Nominee of the Finance Officer of AJU

The Cell shall be responsible to administer all issues related to the IP policies, patent filling, commercialization of IPs and other relevant matters as may be required from time to time. Chairperson of IPR Cell shall be authorized to sign all Material Transfer Agreements on behalf of the University. The tenure of the Chairperson and the Advisory Committee shall be for 3/4 years.

Revenue Sharing
The income generated from IPR or on receipt of royalties shall be divided as follows:

(i) 60% (Sixty percent) of the revenue shall go to the inventor(s); the share of each inventor may be decided by at the time of IP disclosure by mutual consent and shall be conveyed in writing to the Chairperson of IPR Cell for record keeping.
(ii) 40% (Forty per cent) would go to AJU account.

Other pertinent issues
Chairperson of IPR Cell will act as the signing authority in all categories of agreements

Committee Structure
The IPR Cell shall have the following committee structure:

(i) Chairperson appointed by the Director or Vice Chancellor or they themselves.
(ii) Advisory or Executive Committee consisting of one member for each School (one of which will be the member secretary as per recommendation of competent authority of AJU)
(iii) One or Two external member specializing in IPR related issues.
(iv) One Legal Expert
(v) Nominee of the Finance Officer of AJU

The Cell shall be responsible to administer all issues related to the IP policies, patent filling and commercialization of IPs and other relevant matters as may be required from time to time. Chairperson of IPR Cell shall be authorized to sign all Material Transfer Agreements on behalf of the University.

The tenure of the Chairperson and the advisory or Executive Committee shall be for 3/5 years.

Other pertinent issues
Chairperson of IPR Cell will act as the signing authority in all categories of agreements.