ip policy bulsu draft-03 2003

8/12/2019 IP Policy BULSU Draft-03 2003

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Draft Copy No. 3: August 10, 2009BulSU Intellectual roperty ol!cy

Intellectual Property Policy

of the

Bulacan State University

Compiled/Prepared by:

RAUL S. SERA JOSEF, REECollege of Industrial Technology

DANILO S. HILARIO, Ed.D.

Vice President for Planning !esearch"evelopment and #$tension


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VISION OF THE INSTITUTION

PANANAW NG INSTITUSYON

The Bulacan State University envision itself to be one of the country%s

leading institution in developing graduates capable of responding to the needs of

the region and the demands of global standards aspiring to improve the &uality of

life of the people and promote socio'economic development of its service areas

the institution shall pursue e$cellence in its programs and (ill manage its affairs

(ith efficiency and effectiveness)

Ang a"#ansang a"antasan ng Bula$an ay "ay pansar!l!ng panana%

na "ag!ng panguna&!ng !nstutusyon sa pag&asa ng "ga #agong propesyunal na

"ay respons!#!l!'a' na tugunan ang "ga panganga!langan ng re&!yon, at ang

pan'a!g'!gang pa"antayan na naglalayong "a!angat ang pa"u"u&ay ng

"a"a"ayan at upang "a!pag"ala$! ang antas ng $anyang pag$atao sa nap!l!ng

larangan. Ang !nst!tusyong !to ay nags!s!$ap na "a!#a&ag! ng lu#os ang $anyang

"ga progra"a at "apa"a&alaan ang "ga !to na "ay &ustong $a$aya&an at

$a&usayan.

MISSION OF THE INSTITUTION

TUNGUHIN NG INSTITUSYON

The University shall primarily provide professional technical and special

instructions for special purposes and promote research and e$tension services

advanced studies and progressive leadership in agriculture Commerce

#ducation *ishery *orestry #ngineering +rts and Sciences ,a( -edicine

Public administration Technical and other fields that may be relevant) .Section II

!)+) 0012

Ang a"antasan ay 'apat "aglaan ng ropesyunal, (e$n!$al, at

natatang!ng pagtuturo na "ay tang!ng layon na "aglunsa' ng naang$op na

pananal!$s!$ at pagl!l!ng$o' pa"ayanan, "ga paunang pagaaral at

"a$a#ulu&ang pangunguna sa "ga larangang tula' ng Agr!$ultura, )ala$alan,

agtuturo, angungu#at, ang!ng!s'a, In&!nyerya, S!n!ng at Ag&a", A#ogasya,

*e'!s!na, a"pu#l!$ong a"a"a&ala, (e$nolo&!$al at !#a pang larangan na

$augnay n!to. +Sect!on II, .A. -/

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FOREWORD

This Intellectual Property Policy has been developed to support University

personnel and students in their efforts to handle and deal (ith intellectual

property issues)

The main ob3ective has been to provide the necessary protections and incentives

of the University personnel and students in the pursuit of ne( 4no(ledge and for

the benefit of society as a (hole5 and to enhance the generation of revenue for

the University and creators) In return it is e$pected that there (ill be greater

collaboration bet(een the University and !6" staff and industry/private sector

as a (hole thus ensuring the protections of intellectual property assets of the

University)

This Intellectual Property Policy addressed includes coverage of policy

o(nership disclosure of inventions and licensing as (ell as distribution of income

or economic benefits and rights and obligations of an inventor and the University)

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ACKNOLEGDGEMENT

The "raft Template on Intellectual Property Policy for 7igher #ducation

Institutions .7#Is2 developed by Intellectual Property 8ffice of the Philippines .IP

Philippines2 9uidelines on "eveloping Intellectual Property Policy for Universities

and !6" Institutions in +frican Countries developed by the orld Intellectual

8rgani;ation .IP82 University of


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CONTENTS

Article 1. GENERAL STATEMENT

Article . !OLIC" O#JECTIVES

Article $. COVERAGE

=)> Personnel Covered

=)? Intellectual Property !ights Covered

Article %. DEFINITION OF TERMS OR E&!RESSIONS

Article '. INTELLECTUAL !RO!ERT" (I!) OWNERSHI!

1)> ,iterary and +rtistics or4s

1)? IP 8(nership by the University of Patent and 8ther IP !ights

1)= Trademar4s

1)@ Tangible !esearch Property

1)1 Personnel /Student Thesis/"issertation

Article *. ADMINISTRATION

0)> Creation of the University Intellectual Property 8ffice .UIP82

0)? Staffing of UIP8

0)= Creation of the Intellectual Property -anagement Committee .IP-C2

0)@ -emberships of IP-C

Article +. DISCLOSURE, EVALUATION AND COMMERCIALIATION OF

INTELLECTUAL !RO!ERT"

)> IP "isclosure and #valuation Process

)? !eturn of IP to Inventors

)= Commerciali;ation and Protection of the University%s IP

)@ "istribution of Commerciali;ation Benefits

Article -. RESEARCH COLLA#ORATIONS WITH E&TERNAL !ARTIES

A)> 9eneral Statements

A)? !esearch Collaborations (ith


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Article 1/. CONSULTANCIES0DIRECTORSHI! IN COM!ANIES

>)> Consultancies

>)? Conflict of Interest

>)= "irectorship of Companies .Including University Spin'8ff Companies2

Article 11. GENERAL !ROVISIONS

>>)> Interpretation

>>)? aiver of Policy

>>)= Commencement and +pplication of IP Policy

>>)@ +mendment of the !ules and 9uidelines of the IP Policy

Article 1. !ENALTIES

ANNE&ES

ANNE& A ' Procedures for 8btaining Copyrights of or4s

ANNE& # ' Procedures for 8btaining Patent of or4s

ANNE& C ' +greements

ANNE& D ' "eed of +ssignment

ANNE& E ' Confidential "isclosure +greement

ANNE& F ' Invention "isclosure !eport *orm

ANNE& G ' Process of 8btaining +ssistance for +pplication of IP !ights

ANNE& H ' Collection "isbursement and Utili;ation of !oyalties

ANNE& I ' -onitoring and #valuation of IP

ANNE& J ' *unding for Intellectual Property

ANNE& K ' Privileges and Incentives of Creator.s2

ANNE& L ' !esponsibilities of Creator.s2

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The Bulacan State University Intellectual Property Policy is hereby promulgated

as follo(s:

ARTICLE 1

GENERAL STATEMENT

1.1 The University conducts research in the pursuit of 4no(ledge for enriching

the minds and lives of University personnel and students and for the benefit

of society as a (hole)

1. +s the University becomes increasingly active in research technology

transfer and as University personnel and students actively participate in

ensuing entrepreneurial activities there is a need for the University to

promulgate a DPolicy on Intellectual Property Technology Transfer and

!esearch Collaboration)E

1.$ The University largely depends upon financial support primarily from the

government and from local national and international organi;ations for its

research activities) Consistent (ith this premise the University see4s to

ensure that any resultant intellectual property is administered and protected

in the public interest)

1.% The IP Policy see4s to provide guidelines that can be consistently applied to

facilitate the commerciali;ation of research outputs and to arrive at e&uitable

solutions to possible IP issues relating to the conduct of research

technology transfer and commerciali;ation)

ARTICLE

!OLIC" O#JECTIVES

.1 Promote preserve encourage and aid scientific investigation and research5

. *acilitate the transfer of technology from the University to industry/private

sectors in order that research conducted at the University results in

applications that (ould benefit the public5

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.$ #stablish and maintain an innovation fund for research and innovation5

.% #nhance the prestige of the University as an academic research institution

and as a member of society by pursuing the highest ideals of scholarship

and teaching and by conferring the benefits of that scholarship and teaching

on the University community and society)

.' In its broad discretion and consistent (ith its overall mission encourage

assist and provide mutually beneficial re(ards to the University and

members of the University community (ho transfer University IP to the

public through commercial channels under this IP Policy5

.* #stablish standards for determining the rights and obligations of the

University and creators of IP5 and

.+ #nsure compliance (ith applicable la(s and regulations and enable the

University to secure sponsored research funding at all levels of research5

.- 9enerally ensure filing of protection for the IP prior to any publication)

ARTICLE $

C2er34e

$.1 !er566el C2ered) This IP Policy applies to all University personnel i)e

academic and research staff staff members students (ho participate in

research pro3ect at the University%s main campus and satellite/e$ternal

campuses unless the University specifies other arrangements in such

person%s letter of appointment (ith the University)

$. I! Ri47t5 C2ered. This IP Policy shall cover all types of IP rights under

relevant IP ,a(s of the country such as:

.a2 Copyright and !elated !ights

.b2 Trademar4s and Service -ar4s

.c2 Patents

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.d2 Utility -odels

(e) Industrial "esigns

.f2 9eographical Indication .9I2

.g2 ,ay'out "esigns .Topographies of Integrated Circuits25

.h2 Undisclosed Information5 and

(i)


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%.*


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%.1$ ?t De5i46 8 I6te4r3ted Circ?it5= is an original topography .picture

of a place2 of elements at least one of (hich is an active element and of

source or all interconnections of an integrated circuit or such three'

dimensional disposition prepared for an integrated circuit intended for

manufacture)

%.1%

under Section ?? of the IP Code)

%.1*

%.1+ DSt388 9e9er=includes all administrative staff non'researchers or any

other persons employed by the university participating in research

pro3ects (hether part'time or full'time)

%.1-


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%.1 !er566el= means all academic and research staff as (ell as

staff members covered by this IP Policy under +rticle =)>

%. Re5?rce5= are defined as all tangible resources provided by

the University to inventors including:

.a2 *acilities such as office lab and studio space and e&uipment5

.b2 Computer hard(are and soft(are5

.c2 Support and secretarial services5

.d2 !esearch teaching and lab assistants5

.e2 Supplies5

.f2 Utilities5

.g2 *unding and reimbursement for research and teaching activities

including travel)

University resources do not include salary insurance or retirement plan

contributions paid to or for the benefit of Creators)

%.$


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.f2 "ramatic or dramatic'musical compositions choreographic (or4s or

entertainment in dumb sho(s5

.g2 -usical compositions (ith or (ithout (ords5

.h2 or4s of dra(ing painting architecture sculpture engraving

lithography or other (or4s of art5 models or designs for (or4s of art5

.i2 8riginal ornamental designs or models for articles of manufacture

(hether or not registrable as an industrial design and other (or4s of

applied art5

.32 Illustrations maps plans s4etches charts and three'dimensional

(or4s relative to geography topography architecture or science5

.42 "ra(ings or plastic (or4s of a scientific or technical character5

.l2 Photographic (or4s including (or4s produced by a process analogous

to photography5 lantern slides5

.m2 +udiovisual (or4s and cinematographic (or4s and (or4s produced by

a process analogous to cinematography or any process for ma4ing

audio'visual recordings5

.n2 Pictorial illustrations and advertisements5

.o2 Computer programs5 and

.p2 8ther literary scholarly scientific and artistic (or4s

%.' = means a plant grouping (ithin a single botanical ta$on of the

lo(est 4no(n ran4 that (ithout regard to (hether the conditions for plant

variety protection are fully met can be defined by the e$pression of the

characteristics resulting from the given genotype or combination of

genotypes distinguished from any other plant groupings by the e$pression

of at least one .>2 characteristics and considered as a unit (ith regard to

the suitability for being propagated unchanged) + variety may be

represented by seed transplants plants tubers tissue culture plantlets

and other forms)

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ARTICLE '

INTELLECTUAL !RO!ERT" OWNERSHI!

'.1. Liter3r> 36d Arti5tic WrB5

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B) in the case of Students all research for (hich the Student

receives financial support in the form of (ages allo(ances

salary stipend or grant from funds (hether or not administered

by or through the University5 and

C) all research conducted pursuant to a research agreement

bet(een the University and an e$ternal party sub3ect to the

terms on IP o(nership set out in the relevant research

agreement

.ii2 The IP (as developed (ith substantial use of University%s

resources) The follo(ing shall be deemed to be substantial use of

the University%s resources:

+) here University funds are used to specifically support the

development of the IP5

B) here there has been use of resources at the University that

are not ordinarily available to most University personnel or

Student) The use of office library computers and storage

servers constitutes resources that are ordinarily available to

University Personnel and Students and do not constitute

substantial use of University%s resources)

.b2 +ll IP developed by University Personnel or Students in their o(n

personal time (hich are neither connected to University !esearch

nor developed (ith substantial use of University%s resources shall

belong to such University Personnel or Students as Inventors)

'.$ Tr3de93rB5

The University shall be the sole o(ner of the university logo and shall have

it registered (ith the Intellectual Property 8ffice of the Philippines) +ny

use of the University logo shall re&uire prior license or permission from the

University)

'.% T364ile Re5e3rc7 !r;ert> (TR!) r re5e3rc7 re5?lt5 as defined in

+rticle @)> (hich cannot be the sub3ect of any other 4ind of intellectual

property protection are presumptively o(ned by the University) In no case

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shall biological material in any form be the sub3ect of patents or any form

of ac&uisition)

'.' St?de6t T7e5i50Di55ert3ti6

.a2 + Student shall o(n the copyright of his or her thesis/dissertation

sub3ect to any agreement (ith the University or e$ternal parties) The

Student shall grant to the University a royalty'free permission to

reproduce publish and publicly distribute copies of the thesis in

(hatever form electronic or other(ise)

(b) If a thesis/dissertation contains information on an invention that may

be patentable the thesis may be re&uired to be (ithheld in

accordance (ith the procedures belo(:

i) The College/Satellite Campus may (ithhold public access to the

Student%s thesis/dissertation containing information on

patentable invention until such time a patent application is filed

by the UIP8)

ii) If the UIP8 decides not to pursue a patent protection in

accordance (ith +rticle )>c the thesis/dissertation may be

released in accordance (ith the procedures adopted by the

University)

iii) If the Inventors% re&uest for the return of the IP under +rticle )1

and (ishes to pursue patent protection for the invention

themselves the Inventors may re&uest the College to (ithhold the

thesis/dissertation for not more than three .=2 months from the

date of return of the IP in order for the relevant patent application

to be filed)

ARTICLE *

ADMINISTRATION

*.1 Cre3ti6 8 t7e U6i2er5it> I6tellect?3l !r;ert> O88ice (UI!O)

To supervise the implementation of the IP Policy and commerciali;ation of

University IP assets an UIP8 shall be created (ith the follo(ing functions

and responsibilities:

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.a2 +dminister and monitor the implementation of the IP Policy5

.b2 #valuate the potential of the (or4s and/or inventions submitted for

commerciali;ation5

.c2 M3634e9e6t C99ittee (I!MC)

The University administration supervising the operation of the UIP8 shall

be placed under the Vice President for Planning !esearch "evelopment

and #$tension .VPP!"#2) VPP!"# may opt to create an IP-C (ith the

approval of University President) The IP-C%s functions are as follo(s:

.a2 serves as the oversight committee that (ill oversee the management of

the University%s IP by the UIP85

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.b2 responsible for resolving any dispute that may arise from the

interpretation of this IP Policy) If the matter cannot be resolved at the

Committee such matter shall be referred to the University President

for his/her decision (hich (ill be final and conclusive and5

.c2 revie( and endorse license agreements negotiated by the UIP8 as

(ell as periodically revie( the patent management and licensing

practices of the University)

*.% Me9er57i; 8 I!MC

The IP-C shall have the follo(ing membership:

.a2 VPP!"# as chairman5

.b2 UIP8 "irector5

.c2 U!"C "irector5

.d2 "irector of Planning and Information 8ffice5

.e2 Intellectual Property 8fficers5

.f2 *aculty -ember from College of ,a( nominated by its "ean5

.g2 8ne representative from University +ccounting 8ffice nominated by its

Supervising +dministrative 8fficer5.h2 8ne representative from University Budget 8ffice nominated by its

Supervising +dministrative 8fficer and5.i2 !esource Person as invited by VPP!"#)

ARTICLE +

DISCLOSURE, EVALUATION AND COMMERCIALIATION

OF UNIVERSIT" I!

+.1 I! Di5cl5?re 36d E23l?3ti6 !rce55 (Re8er t ANNE&

.a2 If an Inventor has developed any IP the o(nership of (hich is vested

in the University under +rticle 1 or pursuant to any obligation to

disclose such IP under any agreement the University may have (ith

an e$ternal party the Inventor.s2 must promptly disclose the full details

of the IP to the UIP8 by submitting a Inventor "isclosure !eport

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independent e$perts (ho are competent in the field to assist in the

evaluation if appropriate or necessary)

.c2 The UIP8 shall (ithin three .=2 months from the date of receipt of the

Inventor "isclosure !eport .+ in particular during the period (hen the UIP8 is assessing the

viability of commerciali;ation and/or patenting the invention) +ny

publication .even verbal disclosure2 (hich describes an invention prior

to filing for a patent may 3eopardi;e the patenting process) "uring the

evaluation process the inventor is obliged to delay public disclosure

until patent application has been filed) The University must endeavor

to minimi;e delays in publication)

.g2 +ll Inventors shall disclose to the UIP8 the identity of any party

interested in the commercial e$ploitation of the IP in sufficient detail

and as soon as practicable after the relevant facts have come to their

4no(ledge) +ll Inventors are also re&uired to disclose any conflict of

interest as set out in )? belo()

.h2 Prior to any patent filings or commerciali;ation by a University

Personnel in respect of IP deemed o(ned by the University Personnel

under +rticle 1)?.b2 above the University Personnel shall ma4e full

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and truthful disclosure to the University by submitting the Inventor

"isclosure !eport .+


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.e2 The support and cooperation of the Inventors are usually critical for

successful commerciali;ation) The Inventor.s2 shall provide all

information and render all assistance to the University in any phase as

may be re&uired from time to time)

+.% Di5tri?ti6 8 C99erci3li3ti6 #e6e8it5

.a2 The University shall share (ith the Inventor.s2 of the IP any K PhP 1 01J =1J

-ore than PhP 1 K PhP 1 11J @1J

-ore than PhP 1 K > @1J 11J

-ore than PhP > K > =1J 01J

-ore than PhP > ?1J 1J

.b2


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.d2 The Inventors% share of


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.i2 The Inventor.s2 shall be entitled to file for patent rights in their o(n

name and at their o(n e$pense)

.ii2 The University shall be entitled to a percentage of any benefits

received by the Inventor.s2 from the commercial e$ploitation of the

IP as follo(s:

+) The Inventor.s2 shall account to the University LLJ of any


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.v2 The University may but is not obligated to re&uest for the IP to be

returned bac4 to the University if the Inventor.s2 fail to

commerciali;e the IP after three .=2 years from the date the IP is

returned to the Inventor.s2)

ARTICLE -

RESEARCH COLLA#ORATIONS WITH E&TERNAL !ARTIES

-.1 Re5e3rc7 Cll3r3ti65 @it7 N6C99erci3l !3rtie5

.a2


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product design and problem solving) The guidelines also provide for

recognition of the University%s contributions in the form of license fees

payable by the Company as the Company obtains commercial

benefits from IP generated (ith the help of the University)

.c2 The follo(ing guidelines on IP o(nership and commercial use and

licensing of the sub3ect IP (ill apply to all research pro3ects (ith

industry:

.i2 Sole 8(nership of IP by the University

+) This (ill be the default position ta4en for all research

collaborations (ith industry unless the scope of the pro3ect and

the contributions by the Company can be sho(n to fall under

.i2 or .iii2 belo()

B) The Company (ill have a first right to negotiate either a non'

e$clusive or e$clusive fee'based license on commercial terms)

+n e$clusive license may not be available (here a 4ey

platform technology is involved)

.ii2 Moint 8(nership of IP by the University and the Company

+) The University (ill consider 3oint o(nership (here the

Company (ill be contributing bac4ground IP to the pro3ect or

(ill have intellectual contribution to the IP that is employees

of the Company are also involved in creating or generating the

IP together (ith the University) The Company must also be

providing funding for a significant portion of the total pro3ect

costs)

B) +s a 3oint'o(ner (hich has contributed significantly to the

development of the IP the Company (ill have a non'e$clusive

royalty'free right to commercially e$ploit the IP) +s the

Company is free to commercially e$ploit the pro3ect IP on its

o(n (ithout accounting to the University the University (ill

also retain the right to give out non'e$clusive licenses (ithout

accounting to the Company)

C) The Company (ill have the right to license the IP non'

e$clusively to third parties but is re&uired to account to the

University a percentage of any licensing revenue it receives)

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") If the Company (ishes to commercially e$ploit the IP

e$clusively the Company (ill also have a first right to

negotiate a royalty'bearing e$clusive license (ith the

University on commercial terms)

.iii2 Sole 8(nership of IP by the Company

+) The university (ill consider the sole o(nership by the

Company if the pro3ect meets the follo(ing criteria:

>) The pro3ect is focused mainly on product development or

improvements to the Company%s e$isting products or

services and only the Company%s bac4ground IP is

involved5

?) The pro3ect has unambiguous 4no(n ob3ectives and the

Company lays do(n a defined (ay of performing the study5

=) The University%s e$isting IP is not involved as the Company

re&uires mainly access to the e$pertise and 4no('ho( of

the University%s staff members5

@) The University must benefit from the pro3ect and ac&uiring

relevant industry e$perience through the e$posure provided

by (or4ing (ith the Company)

B) The Company (ill be re&uired to bear the full pro3ect cost

(hich includes full University manpo(er and

facilities/e&uipment costing)

C) The Company%s o(nership of IP (ill ho(ever be limited to

the Company%s *ield of +pplication as specified in the pro3ect

agreement) The University (ill reserve o(nership of any

pro3ect IP generated in the fields of application not specified in

the pro3ect agreement and (ill be free to e$ploit the IP in those

other fields of application)

-.$ Ge6er3l !licie5 6 Ot7er Ter95 i6 Re5e3rc7 A4ree9e6t5

(3) !?lic3ti65

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The University reserves the right to publish or present the findings of

the pro3ect sub3ect to only the right of the e$ternal party to re&uire the

delay of any publication or presentation in order to remove any of its

confidential information or for the filing of any patents in accordance

(ith the term of the research agreement for the pro3ect)

() W3rr36tie5

+s the research is only conducted on a reasonable efforts basis the

results are provided Das'isE and (ithout any representation or

(arranty of merchantability or fitness for any particular purpose or

any (arranty that any use (ill not infringe or violate any patent or

other proprietary rights of any other person)

(c) I6de96itie5

The University re&uires the e$ternal party to indemnify the University

from any claim loss cost e$pense or liability of any 4ind that may be

incurred by the University due to the e$ternal party%s use .commercial

or other(ise2 of the results or IP generated from the pro3ect)

(d) O2er7e3d C73r4e

.i2 + LLLLLL percent .LLJ2 overhead charge (ill apply to all

research pro3ects to ta4e into account the overhead costs in

providing the facilities and resources to carry out research at the

University) The overhead charge shall be distributed in the

follo(ing ratio:

University .LLJ2 :

College/"epartment .LLJ2

.ii2 The overhead charge (ill be imposed on all direct funding

received from the e$ternal party)

.iii2 The overhead charge does not apply to unrestricted or outright

grants or to government grants that do not allo( such overhead

charges) Usually for such grants no specific results are re&uired

or e$pected from the sponsor and no rights to any IP accrue to

the sponsor)

ARTICLE

GENERAL O#LIGATIONS

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.1 C68ide6ti3lit>

.a2 +ll University Personnel and Students shall at all times maintain

confidential all information as defined herein (hether

made/developed on his/her o(n in collaboration (ith University

colleagues or ac&uired through discussions .(hether formal or

informal2 (ith University colleagues)

.b2 The above confidentiality obligations shall not apply in any of the

follo(ing circumstances:

.i2 (here disclosure is re&uired by la( or any government agency5

.ii2 (here the information is in the public domain or becomes

generally available to the public5 or

.iii2 (here disclosure is made (ith the prior consent of the University)

. Di5cl5?re 8 C68lict5 8 I6tere5t

.a2 +ll Inventor.s2/Creator.s2 (ho have any interest (hether directly or

indirectly in any party interested in the commercial e$ploitation of

University IP shall ma4e full and honest disclosure of the nature and

e$tent of their interest to the University as soon as practicable and to

the best of their 4no(ledge) ithout pre3udice to the generality of the

foregoing an Inventor shall be deemed to have an interest if he/she

.or a person over (hom he/she has control2 is a director of or a

shareholder (ith a material shareholding in the organi;ation or

company interested in the commercial e$ploitation of the University IP)

.b2 In addition all University Personnel shall ma4e full and honest

disclosure and see4 the approval of the University in the event of any

situation (here a conflict of interest may arise as highlighted by >)?

belo()

.c2 *ailure to declare his/her interest in the commercial e$ploitation of the

University IP and/or to see4 approval from the University as re&uired

in )? .a2 and .b2 above shall sub3ect the University Personnel liable to

disciplinary or other actions (hich the University shall in its sole and

absolute discretion impose)

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ARTICLE 1/

CONSULTANCIES0DIRECTORSHI! IN COM!ANIES

1/.1 C65?lt36cie5

.a2 University Personnel entering into consultancy (or4 pursuing the

commerciali;ation of the IP shall commit not to disclose or transfer to

e$ternal party any IP belonging to the University) They shall also

ensure that a separate agreement is entered into (ith the appropriate

College/"epartment for the use of University facilities e&uipment or

resources for such consulting (or4)

.b2 In any consulting service University Personnel shall not breach the

confidentiality obligations to (hich they are sub3ect by virtue of being

employees of the University) They shall not disclose any Confidential

Information (hich relate to University IP or any research (hich is

being carried out at the University)

1/. C68lict 8 I6tere5t

.a2 Conflicts of interest may arise in various situations relating to

technology transfer interactions (ith industry) To minimi;e or prevent

such conflict of interest situations University Personnel must ma4e full

and honest disclosure to and see4 approval of the University in the

follo(ing situations:

.i2 underta4ing sponsored or collaborative research (ith a company

that has licensed IP from the University (here the research is

related or in the same area as the IP licensed5

.ii2 deployment of Students by the University Personnel to do

product and/or process research and development for a company

in (hich the University Personnel has an interest) In cases (here

a University Personnel supervises final'year pro3ects and higher

degree students this includes (or4ing on thesis topics in (hich

the University Personnel has a commercial interest in the

research area5

.iii2 transmitting to a company information that is not generally

available to the public) This includes (ithholding or reducing

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publications after transferring technology to the company or

failing to attend to industry visitors from competing companies5

.iv2 underta4ing or changing the orientation of the University

Personnel%s research .(hether supported by University funds or

e$ternal grants2 to serve the research product development or

other needs of a company5

.v2 use of the University Personnel%s position in the University to

participate in company activities5

.vi2 purchasing of e&uipment instruments materials or other items for

University teaching and/or research from a company in (hich the

University Personnel has an interest5

.vii2 engaging in consultation (ith a company in (hich the university

personnel or any person related to him .including (ithout

limitation his parent spouse brother sister son daughter or

any person (ho is holding legal title for the benefit of the

university personnel2 has an interest (hether legal beneficial or

other(ise)

1/.$ Directr57i; 8 C9;36ie5 (I6cl?di64 U6i2er5it> S;i6O88

C9;36ie5)

Sub3ect to the conditions as laid do(n by the University for academic staff

to underta4e e$ternal consultation and specialist (or4 .including


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The Intellectual Property Code of the Philippines .!epublic +ct 0A2 the +griculture and

*ishery -oderni;ation +ct .!)+) A@=12 the Philippine *isheries Code of

>A .!)+) A112 the ildlife +ct .!)+) >@2 Indigenous People !ights

+ct .IP!+ ,a(2 the Inventor%s and Invention Incentives +ct .!)+) @12

the -agna Carta for Scientists #ngineers !esearchers and other Science

and Technology Personnel in 9overnment .!)+) A@=2 the +dministrative

Code of >A .#)8) ??2 and the respective charters of agencies under

the University and other relevant la(s and their corresponding

amendments implementing rules and regulation are deemed (ritten into

the IP Policy)

In the event of doubts in the interpretation of this IP Policy the

provision should be construed in favor of the University)

11. W3i2er 8 !lic>

The University shall have the discretion to (aive or vary any or all of the

provisions of these rules in a particular case) + (aiver on one occasion

and for a particular case shall not be deemed to be a (aiver or variation of

the same or any other provision on a future occasion or for a future case)

11.$ C99e6ce9e6t 36d A;;lic3ti6 8 I! !lic>

.a2 This Policy shall ta4e effect upon approval of the University Board of

!egents and thirty .=2 days after completion of publication in the (eb

site of the University and Planning and Information 8ffice Bullet!n, an'

in the student publication)

.b2 This Policy shall be applicable to all University IP licensed after the

effective date) The rules set out in the IP Policy are sub3ect to the

terms of any agreement (ith e$ternal parties that the University may

enter into)

11.% A9e6d9e6t 8 t7e R?le5 36d G?ideli6e5 8 t7e I! !lic>

The rules and guidelines set out in the IP Policy may be amended by the

University from time to time) The University shall underta4e to notify

University Personnel and Students as soon as is practicable of the

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amendments so made) In any case the amendments shall be in full force

and effect on the date the amendments have been announced by the

University to ta4e effect)

ARTICLE 1

!ENALTIES

+ny person found to have violated any of the provisions of this IP Policy shall be

dealt (ith in accordance (ith the provisions of the faculty staff administrative or

applicable employment manual) +ny violation of these policies shall be meted

out any of the follo(ing penalties depending upon the nature and gravity of the

violation:

1.1 Ineligibility for research grants from the University or any of its affiliated

foundations for a period not to e$ceed three .=2 years5

1. +utomatic removal of research load credits and ineligibility to receive these

benefits for a period not to e$ceed three years5

1.$ !emoval from any administrative position and dis&ualification for any

administrative position for a period not e$ceeding three .=2 years or5

1.% Ineligibility for outside teaching activities or the privilege to practice

profession for a period not e$ceeding three .=2 years)

ANNE& A

!rced?re5 8r Ot3i6i64 C;>ri47t5 8 WrB5

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The process for obtaining of copyrights of or4s shall be consists of t(o phases

.>2 IP-C ,evel and .?2 University ,evel)

A1. I!MC Le2el.The follo(ing steps are involved in the process of revie(ing

and evaluating of or4s up to the VPP!"#/IP-C ,evel:

a. +ppropriate body endorses created (or4 (ith re&uired attachments to

the UIP8 "irector for chec4ing of re&uired attachments5b. The UIP8 "irector confers (ith the creator.s2 prepares and present

report to the VPP!"#/IP-C for revie( and evaluation of the or4)

A. U6i2er5it> Le2el. The VPP!"#/IP-C endorses the (or4 to the University

President for approval of re&uest on assistance in the copyrighting of said

or4)

A$. Re?ired Dc?9e6t5 8r C;>ri47t3le WrB5.The re&uirements in the

evaluation of intellectual properties are as follo(s:

a) #ndorsement letter from U!"C/UTC5b) !esearch contracts/agreements if any5 andc) + sample of the completed or4)

ANNE& #

!rced?re5 8r Ot3i6i64 !3te6t 8 WrB5

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The process for obtaining patent of or4s shall be consists of t(o phases: .>2

VPP!"#/IP-C ,evel and .?2 University ,evel)

#1. V!!RDE0I!MC Le2el.The follo(ing steps are involved in the process of

revie(ing and evaluating of or4s up to the VPP!"#/IP-C ,evel:

a. The U!"C "irector endorses the created (or4 (ith re&uired

attachments to the UIP8 "irector for chec4ing and verification of

re&uired attachments5b. The UIP8 "irector confers (ith the creator.s2 prepares and present

report to the VPP!"#/IP-C for revie( and evaluation of the or4)

#. U6i2er5it> Le2el.To avail assistance in the patenting of the or4 in the

University ,evel the follo(ing steps shall be observed:

a) The VPP!"#/IP-C presents and submits report to the patent

la(yer/agent hired by University for the final revie( of re&uirements and

other necessary documents for IP !ights application to the authori;ed

Philippine government agencies5b) The patent la(yer/agent endorses the (or4 for assistance in the

patenting of said or4 to the VPP!"#5 andc) The VPP!"# recommends the or4 to the University President for

approval of re&uest for patent application assistance)

#$. Re?ired Dc?9e6t5 8r !3te6ti64 8 WrB5. The follo(ing re&uired

documents shall be submitted to the UIP8 "irector for obtaining assistance

from the University for Patenting of or4s:

a) #ndorsement letter from U!"C "irector5b) + sample of the completed or45c) "eed of +ssignment .if the creator (ishes to assign the right of patent to

the University2) See ANNE& Ifor a copy of Deed 8 A55i469e6t Fr9.d) Confidential "isclosure +greement) See ANNE& J for copy of CDA)

e) University Invention "isclosure !eport) See ANNE& K for copy ofI62e6tr Di5cl5?re Re;rt Fr9)

f) 8ther necessary documents that (ill be re&uired by the patent

la(yer/agent)

ANNE& C

A4ree9e6t5

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C1. Deed 8 A55i469e6t.here assignment of right of patent to the University

is proper the inventor shall e$ecute a "eed of +ssignment) See ANNE& I

for a copy of Deed 8 A55i469e6t 8 !3te6t)

C. C68ide6ti3l Di5cl5?re A4ree9e6t (CDA).+ll patent applications shall be

strictly 4ept confidential until the patent issues) + C"+ shall be obtained first

before disclosing information regarding IP to industry or outside party) The

C"+ shall be signed by the recipient of the confidential material and the

University before any information material is disclosed) The C"+ shall be

signed by the University President to be effective) See ANNE& Jfor a copy

of CDA)

C$. Ot7er A4ree9e6t5.In case of a need of other necessary agreements not

specified in the above such agreements can be entered upon the

recommendation of the VPP!"# and approval of the University President)

ANNE& D

Deed 8 A55i469e6t

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#?l3c36 St3te U6i2er5it>

DEED OF ASSIGNMENT

of Patent +pplication/,etters Patent

!epublic of the Philippines2

Province of Bulacan 2 S)S)

City of Bulacan 2

7#!#+S T7# BU,+C+< ST+T# U


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This "eed of +ssignment shall be sub3ect to the BU,+C+< ST+T# U


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ANNE& E

C68ide6ti3l Di5cl5?re A4ree9e6t

CONFIDENTIAL DISCLOSURE AGREEMENT

regarding the protection of Confidential Ideas to be disclosed by the Provider to

the !eceiver)

P!8VI"#!: LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

!#C#IV#!: "!) -+!I+


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It is understood that this +greement does not cover ideas (hich (ere already in

the Public "omain or (hich (ere already legally 4no(n to the !eceiver prior to

their disclosure by the Provider)

+s (ith all legal agreements this +greement can be terminated or amended at

any time by mutual agreement of both parties)

SI9


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ANNE& F

I62e6ti6 Di5cl5?re Re;rt Fr9

#?l3c36 St3te U6i2er5it> I62e6ti6 Di5cl5?re Re;rt

#?lSU I!O C35e N. D3te0Ti9eInformation in this report is supplied by the IP!#C pursuant to obligations of

researchers specified in the Bulacan State University Intellectual Property Policy

and Procedures for University !esearch)

If you have &uestions about completing this document contact the BulSU

Intellectual Property 8ffice "irector) Please distribute copies to all individuals

(ho (or4ed on this invention as identified in the inventor information section of

this document)

I62e6ti6 S?993r>

Title of Invention:

Technical abstract of the invention .or attach a publication or draft2) This (ill be

provided (hen re&uired to sponsoring agencies)

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hat ma4es this invention superior to e$isting technologyO

The invention (as conceived of at least as early as:

hen (as the invention sho(n to (or4O

7ave you disclosed this invention to anyone in a non'confidential mannerO

If so (hen and to (homO

If not do you anticipate such a disclosure in the ne$t si$ months .(hen and to

(hom2O


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BU,SU personnel (ho contributed to this invention)

I62e6tr A

*irst name

-iddle name

,ast name

"esignation

College / Campus

"epartment

Citi;enship:

8ffice +ddress:

8ffice Phone


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hich non'government funds contributed to ma4ing this inventionO

Sponsoring +gency 9rant Contract or

+greement


44/50



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ANNE& G

!rce55 8 Ot3i6i64 A55i5t36ce 8r A;;lic3ti6 8 I! Ri47t5 3t #?lSU

ANNE& H

45

U!"C/UTC "irector

repares an' su#"!tsen'orse"ent letter to I*C

t&ru t&e UI D!rector

UIP8 "irectorConfers %!t& t&e Creator+s,

prepares an' presentsreport to I*C

IP-CI*C re!e% an' ealuates

reports an' en'orses Iappl!cat!on to 4D5

Patent ,a(yer/+gent /UIP8 "irector

e!e% su#"!tte're6u!re"ents an' prepare

necessary 'ocu"ents for I

VPP!"#

eco""en's appl!cat!on tot&e BulSU res!'ent

for approal

BulSU P!#SI"#ri47t3le


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Cllecti6, Di5?r5e9e6t, 36d Utili3ti6 8 R>3ltie5

H1. The collection of royalties and fees in connection (ith IP rights shall be

under the responsibility of the University +ccounting 8ffice)

H. The proper disbursement of royalties and fees in connection (ith IP rights

shall be under the responsibility of the University Budget 8ffice)

H$. The revenues shall accrue to the fund of the University / College /

"epartment for use in the promotion of invention or discovery particularly

research and development)

ANNE& I

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M6itri64 36d E23l?3ti6 8 I!

I1. M6itri64 8 I!.-onitoring of IP shall be as follo(s:

a) The College "ean or Satellite Campus "irector (here the creator

belongs shall lead in monitoring or4s conducted)b) The IP-C shall submit its recommendations/reports on the matter to the

8ffice of the VPP!"#)c) The VPP!"# recommends/submits report from the IP-C to the 8ffice of

the University President)d) In case of problem.s2 encountered by concerned parties the IP-C

through the UIP8 "irector must be informed in (riting for study)

I. E23l?3ti6 8 I!. In the event of evaluating IP the IP-C shall conduct

evaluation and verification on the right o(nership of the IP)

ANNE& J

F?6di64 8r I6tellect?3l !r;ert>

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J1. F?6di64 8r I!.+ll e$penses incurred relative to the registration of IP such

as filing fees and attorney%s fees prior to the generation of revenue/income

there from shall be charged against the University)

J. O@6er5 8 I! #35ed 6 C6tr3ct.


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K1. Patented and copyrighted (or4s of creators can be credited for performance

evaluation (ith incentives such as royalties)

K. Creators of only patented and copyrighted (or4s filed by the UIP8 at the IP

Philippines are &ualified to avail of any royalties generated from their

created (or4s)

ANNE& L

Re5;65iilitie5 8 Cre3tr(5)

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L1. Upon approval of the application of patent or copyright on the University

,evel the creator.s2 shall enter into a contract or agreement (ith the

University)

L. +ny used of or reference to all University funded or4s/research pro3ects

shall ma4e proper ac4no(ledgements to the University)

L$. Publication or presentation or use of any created (or4s shall re&uire the

University approval and full consent of all authors of said or4s)

ip policy bulsu draft-03 2003

Documents