INTELLECTUAL PROPERTY POLICY

Category: UofK Code of ethics Published on 17 October 2019
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INTELLECTUAL PROPERTY POLICY

Supplementary document 4

  1. Objectives :-
  • University of Khartoum, hereafter referred to as “the University” acknowledges and promotes the individual and collective efforts and inventiveness on the part of its Faculties, Institutes, Centers, Staff, Students, employees and partners resulting in the creation of intellectual property in any field.
  • It is the University’s aim to protect the rights of any of its affiliates, the University and any of its partners, and to ensure equitable sharing of benefits arising out of commercial exploitation of the particular intellectual property. Hence, the University adopts this Policy with the objective to:
  • Afford the needed protection and incentive for the encouragement of scientific discovery and development of new knowledge and creative works for the generation of revenues to the University and for public interest;
  • Ensure the provision of improved and innovative products, publications, services and technologies for the country, the region and the world at large in accordance with this Policy;
  • Adhere to the terms of sponsored agreements and other contracts pertinent to the development of the intellectual property;
  • Establish a reasonable and workable policy which facilitates an effective administration of all issues relating to intellectual property while encouraging the advancement of research and development;
  • Negotiate access to other proprietary rights and technologies for product development;
  • Raise awareness within the University affiliates on Intellectual Property and its social and economic importance;
  • Encourage creativity disclosure in any field of intellectual property; and
  • Foster and support relationship with incubators; including industries through the improvement, development and commercial exploitation of creative works for the benefit of the University and all stakeholders.
  1. Scope and Compliance :-
  • The Policy shall cover, but not restricted to the following types of intellectual property: Patent; Utility models; Trademarks, Geographical indications; Industrial designs; Trade secret and undisclosed information; Integrated circuits designs; New plant varieties; Folklore and Traditional knowledge; Genetic resources and living organisms; Copyright and Neighboring rights; and domain names.  
  • All Faculties, Institutes, Staff, Fellows, Students, employees and partners shall be required, as the case may call for, to comply with the terms of this Policy and sign the attached University of Khartoum Intellectual Property Agreement Form.
  1. Governing Laws :-
  • This Policy shall be interpreted in a manner consistent with the University Act and all the relevant applicable Laws of Sudan.
  1. Disclosure :-
  • If it becomes obvious that an invention, innovation or creation has been made that might be subject to this Policy, the inventor, innovator or creator shall promptly notify the Intellectual Property Management Office in the prescribed manner.
  • An innovation, invention or creation disclosure must be prepared and submitted for each innovation, invention or creation conceived or first effectuated for practice under the University Intellectual Property contract as prescribed in the attachment.
  • The Disclosure shall comprise, but not be limited to, the following:
  • information about the inventor, innovator or creator;
  • a summary of technical information;
  • detailed justification for believing that the disclosure constitutes a protectable invention, innovation or creation;
  • information on any agreements entered into to facilitate the development of the invention, innovation or creation;
  • fact concerning subsequent activities, undertaken and planned;
  • information regarding any resources, understood to include information such as traditional knowledge that contributed to the invention, innovation or creation;
  • information the innovator, inventor or creator may have relating to other activities relating to the invention, at the University or elsewhere; and
  • any other information that may prove useful in making a determination as to intellectual property protection.
  • fact concerning subsequent activities, undertaken and planned;
  • information regarding any resources, understood to include information such as traditional knowledge that contributed to the invention, innovation or creation;
  • information the innovator, inventor or creator may have relating to other activities relating to the invention, at the University or elsewhere; and
  • any other information that may prove useful in making a determination as to intellectual property protection.
  1. Publication and Confidentiality :-
  • It is the policy of the University that the publishing and patenting or protecting innovation, creation or inventions are compatible. The University is dedicated to encouraging the customary manner of disseminating research results, while providing the means to protect rights to such property.
  • No individual shall publish, in any form, information relating to research for which an innovation, invention or creation disclosure has been submitted without the express written consent of the Intellectual Property Management Office, provided that the consent shall not be unreasonably denied or delayed and the decision shall be communicated within a period of one month.
  • The Intellectual Property Management Office shall not disclose any information regarding the disclosure to a third party or use the information for their own benefit without the express written consent of the inventor, innovator, creator or the University.
  1. Traditional knowledge, Folklore and Genetic Resources :-
  • The University shall provide for and endeavor to maintain in perpetuity the right to recognition to the suppliers of any and all indigenous knowledge or genetic resources in any intellectual property rights that it holds, transfers or licenses.
  • It shall be accessed through Prior Informed Consent and mutually agreed terms on Access and Benefit Sharing.
  • Where an invention is developed that makes more than incidental use of knowledge and/or resources that can be related directly to a particular community, the University will undertake all best efforts to ensure the applicability and availability of such invention to the relevant community, understood to include the following:
  • Ensuring that any transfer or licensing of intellectual property rights by the University includes an allowance for the relevant community’s access to the invention on preferential terms; and,
  • establishing systems for any necessary training, distribution or other bridging mechanisms that may be required for the relevant community to make full use of the invention.
  • Where feasible, benefits shall be distributed equally between individuals and projects or organizations that benefit the community as a whole. As far as possible, individuals shall be assigned benefits on the basis of their relative contributions towards the provision of the knowledge and/or resources to the University. Projects and organizations shall be determined in collaboration with representatives of the said community.
  • For knowledge and resources that are from a clearly definable geographical area or community that is either not subject to clear delineation or that is too large to allow for the feasible distribution, then distribution of benefits accruing to local communities shall be forwarded to projects or organizations that are of general benefit to the community.
  1. Ownership of Intellectual Property :-
  • The intellectual property rights vest, in the first instance, in the creator, inventor, or innovator, and as long as the inventor, creator or innovator is a staff member or student or has used funds and or facilities of the University, the University shall be entitled in principle to ownership of the intellectual property concerned, where the innovation is made within the scope and in the course of the employment or commission unless otherwise agreed.
  • All intellectual property conceptualized or developed by staff, students, partners, in the course of normal duty, or as a result of participation in the University programmes, funds, facilities, support, or funds channeled through the University shall be owned by the University where:
  • The intellectual property was developed pursuant to the University sponsored or commissioned research agreement; or
  • The intellectual property was developed with significant use of facilities, resources or funds owned or administered by the University
  • The University may allow ownership of intellectual property to inventor, innovator or creator in the following cases:
  • where there has not been significant use of the University resources;
  • where the innovator, inventor or creator had disclosed the nature and scope of his or her research and has been allowed to compensate the University for the use of the University’s facilities and equipment as charged by the University to outsiders;
  • where the University is involved in collaborative research with another person, institution, or business entity, in which case the intellectual property may be jointly owned and the distribution of royalties shall be governed by the contractual arrangements between the parties;
  • where it has been expressly provided for in writing between the University and the Sponsor; and
  • where it has been expressly provided for in writing between the University, staff, students, partners and others.
  • Students shall own any intellectual property that they create in the course of their research unless;
  • The student has received financial support from the University in the form of wages, salary, stipend or grant funds for the research in which case the ownership shall be negotiable;
  • The student has made significant use of the University resources in connection with the research;
  • The research has been funded by a sponsor under a grant or sponsored research agreement, or is subject to confidential disclosure agreement or other legal obligation that restricts ownership of the intellectual property
  • The texts of all student theses and dissertations, and works derived from such works, are considered exempted scholarly works. The students shall own copyright in the scholarly work subject to a royalty-free license to the University to reproduce and publish the work. Students shall not be allowed to publish their theses and dissertations unless they have agreed in writing to restrictions that preclude or delay publication for purposes of patenting.
  1. Acknowledgements:-
  • The University shall endeavor to acknowledge all persons who contributed to the invention, innovation or creation.
  • The University shall provide for, and endeavor to sustainably maintain the right to recognition of the faculty, department, institute, center, individual inventors and the providers of any traditional knowledge or genetic resources in any intellectual property rights that it holds, transfers or licenses.

 

University of Khartoum Intellectual Property Agreement:-

  • I understand that that my duties as an employee/collaborator of University of Khartoum may include some form of research and access to proprietary data.
  • I agree that the facilities, equipment, funds, and/or stimulation provided to me by or through the University have greatly contributed to my effort and the conception and/or actualization to practice of scientific discoveries, invention, development of apparatus, or software and/or the creation of related documentation, data, and reports.
  • In consideration of my employment/association with and/or studies in the University; and in order to settle in advance any question regarding the ownership of any patent or copyright which may be granted to me, or the rights in any proprietary information which may be developed by me;
  • I agree that the University shall own any proprietary information that is conceived by me, either solely or jointly with others, during the course of my employment/association and/or through the use of facilities and/or equipment of the University, whether made during my usual working hours or otherwise, and the University also shall own any patents or copyrights relating to such proprietary information.
  • I further agree that I will promptly and fully disclose such proprietary information to the University’s Intellectual Property Management Office.
  • I will co-operate with the University in making application for Sudan and foreign patents or copyright at the request and at the expenses of the University should it determine, in its sole discretion, that an application is warranted.
  • I will do all acts required to assist the University in obtaining, maintaining, and enforcing patents and copyrights or other protected proprietary interests in programs and software systems and in otherwise protected information in any and all countries, all to be done without further compensation to me other than reimbursement for direct expenses in providing such assistance.
  • Upon request of the University, I will assign to its Intellectual Property Management Office all proprietary information and/or application for patents and/or copyrights issued on such proprietary information based on my disclosure, with full rights, powers and privileges of ownership
  • The University may:
  • Determine in its sole discretion that the ownership of the proprietary information will not be retained by the University and it will notify me of the relinquishment of its rights to me.
  • Notify me that the proprietary information will be accepted on a provisional basis.
  • Accept the proprietary information
  • The Intellectual Property Management Office may assign the ownership of the proprietary information and/or application, patent, or copyright on such proprietary information back to me should it determine, in its discretion, that further expenses for development is unwarranted,
  • I, the Employee/the Collaborator hereby certify that I have read and understood the provisions of the University of Khartoum Intellectual Property Policy 2017.

 

 

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