Law, Politics, and Philosophy

Tuguegarao City, Cagayan. Atty. MICHAEL JHON M. TAMAYAO manages this blog. Contact: mjmtamayao@yahoo.com.

THE INTELLECTUAL PROPERTY POLICY OF CAGAYAN STATE UNIVERSITY

(This is a draft of the revised Intellectual Property Policy of Cagayan State University which is expected to help the institution in commercializing its intellectual property and in protecting its creators. Since it will eventually be approved next semester, it would be good if faculty members and students of the institution will read this.)

 

RULE I

GENERAL PROVISIONS

 

Section 1. Title of the Rules. – These rules shall be known as “The Implementing Rules and Regulations for the Intellectual Property Policy of the Cagayan State University.”

Section 2. Purpose. – These Rules and Regulations are promulgated to implement the Intellectual Property Policy of the Cagayan State University in order to ensure that the creativity, innovativeness, and intellectual contribution of the members of the faculty, research and support staff, and students in the creation of intellectual property are given effective access to justice, enforcement, and services. 

 

Section 3. Policy Statement. – As a higher education institution (HEI) tasked to develop quality human resources, researches and technologies for people empowerment, global competitiveness and sustainable development, CSU encourages technological innovations, creations and inventions by researchers and faculty members. Pursuant to this, CSU-Owned technologies, creations and inventions when granted rights under existing intellectual property regimes, shall be made available for public use consistent with CSU’s mandate to transfer and disseminate appropriate technologies, except for valid reasons that would prevent such case. In all cases, public access to CSU intellectual property rights is subject to rights of innovators, creators and inventors.

 

Section 4. Construction of the Rules. – The various laws of the Philippines on Intellectual Property, the Administrative Code of 1987 and the respective charters of agencies under CSU, and their amendments, implementing rules and regulations are deemed written into the Implementing Rules. In case of conflict in the interpretation of its provisions, the rules shall be construed in favor of the CSU inventor, author, breeder, or other holders of Intellectual Property Right.

 

Section 5. Coverage and Scope.

5.1. Individuals Covered by these Rules. All official employees of CSU and those of its attached Centers of Excellence, and Centers of Development but not limited to the following are covered by these rules:

  1. Regular (plantillia) staff and faculty members whether in permanent, temporary (detail or secondment) status, and casuals;
  2. Personnel under contract service, special appointments, or designation whether on a full-time or part-time basis including, but not limited to, service or professional contractors, and consultants;
  3. Anyone using the facilities or resources of the University, including, but not limited to, students enrolled at the University in an undergraduate, graduate degree program or certificate program, and postgraduates, fellows, and trainees; and
  4. Collaborators or partners whether in the national or international research and development network, other agencies and organizations whether public or private.

5.2. Scope of the Rules. The scope of the rules is the intellectual property derived from CSU which is directed, assisted, commissioned, contracted research and development projects, and other intellectual property over which the University has interest.

 

RULE II

DEFINITION OF TERMS

 

Section 6. Definition of Terms. – As used in these rules and regulations, unless the context otherwise, requires, the following terms shall be understood to mean:

a) “Assignee” – refers to natural or juridical person to whom the rights, title to an interest in IP or proprietary information has been assigned by the inventor, creator, or breeder to CSU through an undertaking or any other legal instrument;

b) “Assignment” – refers to the act of assigning all the rights, title to an interest in intellectual property or proprietary information by the inventor, creator, or breeder to CSU through an undertaking or any other legal instrument;

c) “Assisted research” – refers to any Research and Development (R&D) activity supported in kind, wholly or partly, by CSU and/or agency undertaken by any person, or entity, private or public other than the CSU;

d) “Commercialization of intellectual property” – refers to the deliberate effort to generate intellectual property for specific markets or commercial purposes and commercializing them through formal technology transfer arrangement as provided for in the IP Code;

e) “Contracted research” – refers to any R&D activity supported financially and/or in kind, wholly or partly, by CSU and/or agency undertaken by any person, or entity, private or public other than the CSU;

f) “Directed research” – refers to any R&D activity undertaken by staff members of CSU and/or agency using CSU funds and resources;

g) “Generation of intellectual property” – means the conduct of basic and applied researches focused in obtaining new knowledge and production of new or improved technologies, products and processes;

h) “Holder” – refers to a natural or juridical person who owns the rights to an IP at any given time;

i) “Intellectual property” and “intellectual property rights” – are used interchangeably in these rules. These terms refer to intellectual property or intellectual property rights that are relevant to CSU and/or agency such as:

Plant variety protection or plant breeders’ rights;

Copyright and related rights;

Patents, utility models and industrial design; and

Other intellectual property rights, such as but not limited to trademarks and service marks, geographic indications, layout-designs (topographies) of integrated circuits, and protection of undisclosed information.

j) “Intellectual Property Undertaking” – refers to the written agreement executed in favor of CSU by those covered by these rules for the faithful compliance of the IP policy of CSU.

k) “Intellectual property derived from CSU” – refers to any intellectual property that is made, designed, discovered or created by those covered in Section 5 of these Rules, in the course of their employment and responsibilities or which makes significant use of the institution’s resources (including University-administered funds, funded time, facilities, or equipment) in connection with its development.

l) “Inventor,” “Author,” “Creator,” or “Breeder” – refers to the natural person who made substantial creative and intellectual contribution to the creation of the intellectual property be it invention, a copyright, or a variety. Substantial creative and intelligent contributions include the conceptualization and planning of any activity resulting in the creation and expression of the intellectual property or proprietary information;

m) A “license” is a contract which awards to a party other than the owner of the intellectual property the right to make, use, sell or import products or services based on the owner’s intellectual property. Licenses may be awarded on an exclusive or non-exclusive basis and may provide for payment of license fees, milestones, royalties, or other income to the owner of the intellectual property.

n) “Other income” – refers to income from activities other than normal business operation, such as investment interest, foreign exchange gains, rent incomes, and profit from the sale of non-inventory assets;

o) “Proprietary information” – refers to information or data relating to technologies, creative works, discoveries, products and processes and improvements thereto, trade secrets, formula, ideas, varieties, lines, breeding materials, parental, which may not be formally protected through registration, but shall, nevertheless, be properly documented and recorded for protection. It includes all scientific, business or financial information relating to CSU, its R&DET centers, programs, divisions, units and in the future, subsidiaries or affiliates or their respective businesses;

p) “Protection of intellectual property” – refers to an act of formally registering intellectual property with appropriate agencies to gain vested rights thereto, and, where registration is not required, the act of documenting the transfer of intellectual property or proprietary information to individuals or organizations for proper documentation and monitoring;

q) “Research and Development (R&D)” refers to creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and to use this stock of knowledge to devise new applications. The aforementioned creative work not only refers to work subject of copyright protection but also to all potential IPRs.

r) “’Research Agreement” refers to a contract entered into by University and researchers, including the agreements between the University and collaborating RD Institutions.

s) “Royalty” – refers to payment made for the use of property, especially a patent, copyrighted work, franchise, or natural resource. The amount is usually a percentage of revenues obtained through its use;

t) “Technology Transfer Agreement” – as defined in the IP Code, refers to contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service, including management contracts, and the transfer, assignment or licensing of all forms of intellectual property rights or proprietary information;

u) “Third Party” – refers to someone other than the principals directly involved in a transaction or agreement.

v) “University” – refers to Cagayan State University

 

RULE III

RIGHTS AND OBLIGATIONS OF THOSE COVERED BY THESE RULES

Section 7. Ownership of Intellectual Property Rights.

7.1. Intellectual Property Owned by Creator/Inventor. Subject to the provisions of existing IP laws, the creator/inventor shall have exclusive property of the IP if it was developed outside the course and scope of the his/her employment or contract and which was developed and created on his/her own time and without the support of the University or use of the University’s facilities or resources.

 

7.2. Intellectual Property Owned by the University. Subject to the provisions of existing IP laws, intellectual property either developed within the course and scope of employment of those individuals covered by these rules or those resulting from activities performed on University time, or with support of State funds, or from using facilities or resources owned by the University is owned by the University. In case of dispute, recourse shall be made to pertinent contracts and documents, such as but not limited to, employment contracts, licensing agreements, and Memoranda of Agreement.

Section 8. Assignment to and Ownership by the University. All individuals subject to these Rules must assign and hereby assign their rights in such intellectual property to the University. This shall be evidenced by a written assignment agreement signed by the creator and an authorized University official. Moreover, individuals subject to this Rule who create such intellectual property (creators) shall promptly execute and deliver all documents and other instruments as are reasonably necessary to reflect the University’s ownership of such intellectual property. A creator of intellectual property owned by the University has no independent right or authority to convey, assign, encumber, or license such intellectual property to any entity.

Section 9. Determination of the University’s Interest. Before the work or invention subject to the ownership of the University is disclosed to any party outside the system, to the public in general, or for commercial purposes, and before publishing the same, the creator/inventor shall submit a reasonably complete and detailed IP disclosure to the CSU-IP Unit, pursuant to Sections 14 and 15 of these Rules. The University will regularly and promptly communicate with the creator during this decision-making process.

Section 10. Election Not to Assert Ownership Interest. If the University President or the CSU-IP Unit elects not to assert the University’s interest, the primary creator-inventor will be notified in writing within 30 business days after the decision is made. Thereafter, the creator shall be free to IPR in his/her own right. In appropriate circumstances, the University President may impose limitations or obligations, including but not limited to, a nonexclusive license for the creator, University to use IP for care, teaching, scholarly and other academically related purposes, and non-profit research. 

Section 11. Later Release of Intellectual Property. Except where prohibited by existing laws or contractual obligations, the University President may elect to release a work or invention to the creator/inventor at any time after assessing CSU’s interest, with notice to the CSU-IP Unit. However, such limitations must include provisions for recovery of University expenses for IP application and protection, if any, as well as retention of income rights, and may include certain limitations and obligations.

Section 12. Execution of an Intellectual Property Undertaking. – All those covered in Section 5 are obliged to execute an “Intellectual Property Undertaking” which is the first and formal step in IP protection and commercialization. It shall contain the following minimum provisions:

a) To comply with the CSU intellectual property policy and its guidelines;

b) To disclose promptly to CSU any intellectual property, which may be solely, or jointly discovered or generated with others in the performance of their regular duties, or with the use of CSU agency funds, facilities or services;

c) To perform all acts necessary to assist CSU in protecting and commercializing the intellectual property;

d) To use the intellectual property or proprietary information only in commercializing the intellectual property;

e) To use them in confidence and to employ all reasonable precautions to assure that they are not disclosed to unauthorized persons or used in an unauthorized manner, both during their employment or contract with CSU.

Section 13. How to Execute an Intellectual Property Undertaking.

a) The execution of the intellectual property undertaking shall be in writing, signed by the promisor-individual or entity, and in the language understood by him/her. The CSU IP Committee members or any duly authorized employee shall assist the promisor in the fulfillment of this requirement.

b) It shall be attested before any of the members of the CSU IP Committee or any duly authorized employee.

c) The IP Undertaking shall be filed and recorded in the CSU-IP Office.

d) The undertaking shall become effective as soon as the Promisor signs the same. Its period of effectivity shall be consistent with the provisions of IP laws of the Philippines.

Section 14. Submission of Intellectual Property Disclosure. – Those covered under Section 5 must also submit an Intellectual Property Disclosure, which is a formal step in obtaining property protection in the University. The disclosure must divulge the title of creation or invention, names of the inventor/author, description of the work, sponsorship (if any), design date and date put into practice, and publication dates (existing or projected). The description should allow another person reading it to comprehend and reproduce the invention, and for a researcher or patent professional to comprehend the invention and to assess its patentability. The description should be in ink, preferably bound with numbered pages. The disclosure should be understood, witnessed, and signed by a non-inventor/author. The Form is provided in “Annex A.”

Section 15. When and How to Submit Intellectual Property Disclosure.

a) The disclosure must be submitted to CSU-IP Office at least twelve (12) months prior to sale, offer, publication, presentation or communication to the public of any information on any intellectual property or proprietary information.

b) Upon completion of the form as described in 14, above, the inventor shall submit the same to the CSU-IP Unit or to his/her College Dean.

c) The IP Unit will then evaluate the commercial potential and patentability of the IP. The IP Unit may consult with other University Personnel or independent experts who are competent in the field to assist in the evaluation if appropriate or necessary.

d) The IP Unit shall, within three (3) months from the date of receipt of the Disclosure Form, confirm in writing to the Inventor(s) whether or not the University will pursue patenting and/or commercialization of the IP. Failure of the TLO to act within the period as stated herein shall be deemed as a waiver by the University of its right to patent and/or commercialize.

e) The IP Unit generally will seek patent protection in order to pursue commercialization of the invention and/or protect scientifically meritorious inventions.

f) The Inventor(s) shall at all times maintain confidential the details of the invention in accordance with the rule on Confidentiality set out in Section 17 below, in particular during the period when the TLO or the IP Unit is assessing the viability of commercialization and/or patenting the invention. During the evaluation process, the inventor is obliged to delay public disclosure until patent application has been filed.

g) All Inventors shall disclose to the IP Unit the identity of any party interested in the commercial exploitation of the IP in sufficient detail and as soon as practicable after the relevant facts have come to their knowledge.

Section 16. Disclosure of Other Engagements Using CSU IP. Those covered must also disclose any consulting or business engagement using any information on intellectual property or any proprietary information owned by CSU, and ensure that any arrangement involving intellectual property or proprietary information with any third party is authorized, consistent with Section 20 of these rules.

Section 17. Confidentiality Agreement. – Pursuant to the CSU IP Policy, when IP information is disclosed, the recipient parties are bound to enter into a confidentiality agreement, which may be a separate agreement between disclosing and recipient parties, or may be a term in a research contract, license agreement, or other pertinent contracts. Under the agreement, the recipient party is prevented from using the IP information without permission and obliged to protect the patentability of any invention, or the trade value of other works or technology disclosed.

Every college or institutional department, through its research division, subject to the supervision of the CSU-IP Unit, should be responsible for ensuring that the research contract and confidentiality agreement, whichever is applicable, are signed by the parties. Violation thereof shall be subject to penalties prescribed by the laws and these rules.

Section 18. Confidential Disclosure Agreement. – When an IP-Unit member or staff wishes to disclose a creation or invention subject of a disclosure to an external researcher associated with a company or other profit organization, or directly to the company or organization itself, he/she is obliged to make the disclosure under an appropriate Confidential Disclosure Agreement. The CDA should contain an obligation of the recipient not to use the invention or other works, for any other purposes than to evaluate it. The Form is provided in “Annex __.” 

Section 19. Mandatory IP Clause. – Subject to the general supervision of the CSU-IP Unit, those covered must ensure that all MOAs and other relevant contracts entered into by CSU, which may generate any intellectual property or proprietary information, shall contain the following clauses:

“Any intellectual property or proprietary information in the course of and as a result of the implementation of this agreement such as, but not limited to discoveries, inventions, varieties, works, database, information, reports, articles, papers, research papers, research notebooks or records, tri-media presentations, and other project outputs, shall be subject to CSU Intellectual Property Rights Policy and its Implementing Rules and Regulations, and such other laws, rules and regulations on intellectual property, all of which are deemed incorporated into this agreement. All personnel involved in carrying out this agreement shall further be subject to such policies, rules and regulations.”   

Section 20. Material Agreement or License Agreement. –Those covered must also ensure that the use of any intellectual property or propriety information by a third party shall be covered by a Material Agreement or License Agreement consistent with the CSU IP Policy and these Rules.

Section 21. Considerations of a Material and License Agreement. – The University, through the IP Unit, and those covered shall consider, but not limited to, the following items when evaluating the material or licensing agreement: a) The particulars of the parties; b) Scope of the agreement and the IPs to be licensed; c) Obligations of the parties; d) Nature of agreement; e) Nature of property; f) Property to be licensed or assigned; g) Ownership of property; h) Nature and extent of rights; i) The right of the parties to assign the agreement or benefits; j) The right and responsibilities of the licensee in granting sublicenses; k) Payments and royalties; l) Records keeping and the rights of inspection of the licensor; m) Presence of mandatory provisions are provided by these rules; n) Duration of the agreement; o) Provision for the licensee to endeavor to create a market for and sell derived articles; p) Provision on of infringement of the industrial property covered by the agreement; q) List of licensed property; and r) Provision on confidentiality.

Section 22. Obligations of the University. – Consistent with the existing IP laws, rules and regulations of the Philippines, and the CSU IP Policy, CSU has the following obligations:

a) Whenever an intellectual property is disclosed for possible commercialization, it is obliged to ascertain the IP’s commercial potential.

b) It shall inform all the members of the CSU-IP Unit and persons or entities it may contract that the information contained in the disclosures (Section 14) is confidential, and no breach thereof is allowed.

c) It shall obtain written acknowledgment of the confidentiality of the disclosure from the said individuals pursuant to Sections 17 and 18 above.

d) It shall seek to facilitate the transfer of technology for the use and benefit of the public.

Section 23. Limited License to the University. – Notwithstanding Section 6 above and as reasonably required for the limited purpose of continuing an institution’s scheduled course offerings, the University retains for one year following the loss of a course instructor’s services, a fully paid-up, royalty-free, nonexclusive license to use, copy, distribute, display, perform, and create derivative works of materials prepared by the instructor for use in teaching a course (including lectures, lecture notes, syllabi, study guides, bibliographies, visual aids, images, diagrams, multimedia presentations, examinations, web-ready content, and educational software).

RULE IV

 

CSU-INTELLECTUAL PROPERTY OFFICE

Section 24. Central CSU-IP Unit. – The central CSU-IP Unit shall be responsible for the overall management, planning, implementing, monitoring or intellectual property, and evaluation of IP-related activities of the university/department.

Section 25. Organizational Structure and Qualification of Members.

25.1. Organizational Structure. The IP Unit shall have the following personnel, the number of which depends on the volume of activities that will be handled:

a) IP Unit Officer – who shall direct and supervise the day-to-day operation.

b) Associate IP Unit Officer – who shall evaluate patentability and commerciability of University IP assets submitted to the IP Unit.

c) Financial Operations Staff – who shall handle financial matters of the TLO.

d) Marketing Officer – who shall be responsible in locating suitable commercial development partners.

e) Legal Officer – who shall handle legal matters and issues relating to University IP assets.

f) Office Operations Staff – who shall provide administrative support to the staff member of the IP Unit.

Alternative:

25.1. Organizational Structure. The CSU-IP Unit shall be headed by the Vice President for Research and Extension who shall be assisted by an IP Officer. It shall have a working Committee called the University Committee on Intellectual Property. The Committee shall have ___ regular members, including the IP Officer, designated by the University President and assisted by staffs. The Vice President for Research and Extension shall be the ex-officio Chair of the University Committee on IP. He shall be responsible for the implementation and administration of the CSU IP policies.

Alternative:

The CSU-IP Unit shall be composed of the Vice President for Research and Extension, who is the ex-officio chair, and ___ regular members designated by the University President.

Every College and Campus shall have an IP Division, each headed by an IP officer. The College IP officer shall be under the supervision of the Campus IP Officer, who in turn shall be under the supervision of the University IP Committee Chair.

25.2. Qualifications of Members. The committee members must be regular employees of CSU and holders of a law degree.  

Section 26. Powers and Functions. – The CSU-IP Unit shall have the following powers and functions:

a) To provide oversight supervision, guidance and capacity-building on the IP Units of CSU, including but not limited to IP audit, preparation, filing, and prosecutions of applications for legal protection, and in handling technology transfer agreements;

b) To lead in the preparation, filing, and prosecution of IP registration;

c) To lead CSU in negotiating technology transfer arrangements and to manage and disburse the same in accordance with these guidelines;

d) To collect royalties resulting from technology transfer arrangements and to manage and disburse the same in accordance with these guidelines;

e) To lead the CSU in contested proceedings affecting IPR of these agencies in coordination with their respective statutory counsels; and

f) To perform other functions to accomplish the purpose and objectives of the CSU IP Policy and these rules.

Section 27. Funds of CSU-IP Unit. – For its initial operation, CSU shall allocate funds from its General Appropriations for the operation of the Unit. The unit shall be there to operate through grants, endowments, royalties, and other internal and external funding sources received by it and kept on a separate account under an authorized government depository bank. The Unit shall disburse its funds in accordance with these rules and the existing government accounting and auditing rule and regulations.

RULE V

 

PLANT VARIETY PROTECTION

Section 28. Ownership of Plant Breeders’ Rights. Subject to the provisions of the Plant Variety Protection Act of 2002 (R.A. No. 9168) and Rule III above, CSU shall have ownership of the new variety, which is bred, or discovered and developed by those covered by these rules, and those commissioned by it to do the breeding, or discovering and developing a new variety.  If the CSU staff or the person commissioned by CSU breeds, discovers and develops a new variety together with two or more persons, all of them shall be named in the application for plant variety protection to be filed by CSU.

Section 29. Plant Variety Protection. – Plant variety protection shall be sought and maintained by CSU for those varieties with high commercial potential. Protection shall be sought before any testing or commercial release of the new variety.

Section 30. Exclusive Licensing Agreements. – If it is necessary to immediately disseminate the new variety for the benefit of the farmers, CSU may enter into exclusive licensing agreements with the private sectors, provided the exclusive licensing agreement is done with transparency and competitiveness through a public bidding and will also bring about lower prices of seed of the new variety for the farmers.

Section 31. New Variety. – A new variety, whether propagating or harvested material, shall not be sold, offered for sale or disposed off to others, by or with the consent of the breeder, for purposes of exploitation of the variety more than a year before the date of the filing for an application for plant variety protection.

Section 32. Germplasm. – Germplasm may be provided by CSU to interested parties, provided the transfer of said germplasm is covered by a material transfer agreement.

RULE VI

 

COPYRIGHT AND RELATED RIGHTS

Section 33. Ownership of Copyright.

 

33.1. Ownership by Creator.  Subject to the Law on Copyright of the IP Code, and not withstanding Section 9 above, University employees and students shall own the copyright in the academic works they create, except for academic works described in Subsection 33.2 below, or unless otherwise provided in a written agreement between the creator(s) and the University. As an agency of the government of the Philippines, the University cannot hold copyright but serves its rights to require prior approval if its work is exploited for commercial purposes.

33.2. Ownership by CSU. The University shall own the copyright in the following works created by University employees or students, acting individually and jointly with others:

a) Works created by University employees acting within the scope of their employment;

b) Directed works;

c) Works specially ordered or commissioned by the University and for which the University has agreed, in writing, to specially compensate or provide other support to the creator(s);

d) Works created in connection with the administration of the University; and

e)Works created pursuant to a contract with an outside sponsor that provides University ownership of the copyright in the works. 

33.3. Written Acknowledgment. The University and University employees and students shall execute necessary or desirable written instruments or agreements to evidence and protect ownership of copyright and copyright licenses consistent with CSU IP Policy and these rules.

 

Section 34. Copyright to Collaborative Works. – Copyright to outputs of collaborative works by CSU with other institutions shall be governed by these rules and the stipulations in the agreement.

Section 35. Determination of Authorship in Collaborative Efforts. – Joint ownership resulting from contributions from different persons shall be determined as follows:

a) By stipulation in the research contract;

b) By application of the law on joint and/or sole ownership; and

c) Through dispute resolution arbitrated by the IP Unit Head of CSU.

Section 36. Copyright in Student Thesis/Dissertation. – Consistent with Subsection 33.1, above, a student shall own the copyright of his or her thesis/dissertation subject to any agreement with the University or external parties. The Student shall grant to the University a royalty-free permission to reproduce, publish and publicly distribute copies of the thesis, in whatever form, electronic or otherwise. If a thesis/dissertation contains information on an invention that may be patentable,

Section 37. Exclusions. Nothing in these rules shall be construed to preclude the University and employees and students from entering into written agreements governing the use, licensing, or sharing of licensing revenues with each other with respect to works, whether such works are owned by the University, employee, or students.

Section 38. Terms and Conditions of Use of Institutional Works. – The use of institutional works shall be governed by the following:

a) CSU users shall be covered by the undertaking to be executed by them prior to or during their employment or contract with CSU. They are automatically authorized to use CSU institutional works provided that the materials are properly cited and attributed.

b) Third part users shall be covered by a separate agreement including but not limited to the following terms and conditions:

The agreement applies both to the user requesting the use of the material and the employer or organization for whose programs the materials shall be used. The agreement takes effect once the works are obtained;

  1. The user must agree to a processing fee and the terms of payment as specified in the agreement. Fess, as determined by CSU, shall include but not limited to service charge, production fee, processing and handling fee and shipping fee, if necessary;
  2. All materials obtained from CSU are strictly limited to the listed restrictions in the agreement or others as specified by CSU;
  3. The period of use of the materials shall be specified by CSU and shall be stipulated in the agreement. Renewals or extensions in the use of the works shall be at the sole discretion of CSU;
  4. Agreement shall be terminated or cancelled upon failure to comply with the restriction specified in the agreement;
  5. Media assts such as photos, graphics, and power point presentations can be copied, printed, or downloaded for purposes of integrating the assets into their own multimedia programs or for other research, educational or non-commercial purposes provided that they are properly attributed and cited. Copies of the programs shall be furnished to CSU for validation free of charge;
  6. Any alteration in publications such as news articles, books, bulletin, reports and artistic and literary works are not allowed. However, alterations for the purpose of improving the clarity, enhancing color, and cropping to maximize space, may be allowed by the CSU; and
  7. The publications may not be used to infringe the copyright of any individual or organization. Users must ensure that the works will not be used for any unlawful, obscene, defamatory, or libelous acts. The user is liable for any damage caused to CSU and may enforce payment of such damages under applicable laws.

Section 39. Terms and Conditions of Use of Database or Information Systems. – Databases or information systems which are unique forms of derivative works shall be governed by the following rules:

a) Prior approval from the CSU shall be required for any use of database or information system;

b) A user shall not extract or re-utilize a database or contents thereof without prior approval of CSU or the copyright owner;

c) The user shall not distribute copies of the database or contents thereof to third parties without authority from CSU; and

d) A user shall properly attribute or cite CSU or author when using the database or content thereof for communication to the public.

Section 40. Credit and Copyright Notice. – Any public display or distribution of media assets and databases requires the user to place a copyright notice, photo credit or any form of acknowledgment at the end of its work.

Section 41. Confidentiality. – Information that is proprietary or confidential in nature shall be covered by a confidentiality agreement before any use thereof by third parties.

RULE VII

 

PATENTS, UTILITY MODELS AND INDUSTRIAL DESIGNS

Section 42. Ownership. – Subject to the law on patents, utility models and industrial designs as contained in Part II of the IP Code and notwithstanding Section 9 above, ownership of patents, utility models, and industrial design shall be governed by the following rules:

a) CSU shall have ownership of patents, utility models and industrial design in any of the following instances:

  1. If commissioned by CSU;
  2. If provided for in the contract to generate an IP;
  3. If the inventor made the invention in the course of his contract with CSU;
  4. If the invention is the result of the performance of the inventor’s regularly assigned duties, unless there is an agreement, expressed or implied, to the contrary.

b) The CSU employees or all those covered by these rules, shall own the invention, utility model, or industrial design generated outside of his/her regular duties even if the employees use the time, facilities, and materials of CSU, subject to other existing laws, rules, and regulations on the use of government time, facilities, and materials.

c) The right of collaborators/external partners shall be based on the stipulations in the agreement between CSU and their partners.

Section 43. Patentable Invention in a Student Thesis. – If a student thesis/dissertation contains information on an invention that may be patentable, the thesis may be required to be withheld in accordance with the rules below:

1) The College/Department may withhold public access to the Student’s Thesis / dissertation containing information on patentable invention until such time a patent application is filed by the CSU-IP Unit; and

2) If the CSU-IP Unit decides not to pursue a patent protection in accordance with Section 11, the thesis/dissertation may be released in accordance with the procedures adopted by the University.

RULE VIII

OTHER INTELLECTUAL PROPERTY RIGHTS

 

Section 44. Suppletory Application of IP Laws and Rules. – The IP Code and its implementing rules and regulations shall govern the following other intellectual property rights: a) trademarks and service marks or trade names; b) geographic indications; c) layout designs (topographies) of integrated circuits; and d) protection of undisclosed information. Proprietary information as defined in these rules falls under the category of other intellectual property rights.

Section 45. Ownership. – The ownership of the other intellectual property rights shall be determined by any of the following:

a) Laws;

b) Contract;

c) Employment; and

d) Any other legal document.

 

RULE IX

 

ROYALTIES AND BENEFITS

Section 46. Royalty Sharing. – Based on the IP Code and the Magna Carta for S&T workers, inventors shall receive a percentage of royalties and other benefits generated from their commercialized IPs subject to the following terms and conditions:

a) Royalties shall only be in the form of cash;

b) Gross royalties, which are royalties from commercialization of work under the appropriate agreement, shall go to the University until all expenses used for protection and exploitation of the IPRs have been reimbursed. Such expenses include fees associated with patent filing and copyright registration and any other continuing costs associated with licensing and other commercialization of the intellectual property;

c) Unless otherwise necessary to meet the CSU IP Policy, the net royalties, which are gross royalties less non-reimbursed University expenses for IPR protection, shall be allocated as follows:

  1. For the first one hundred thousand pesos (P100,000.00) of net royalties –

For CSU – owned IP             :                       40% (Creator/Inventor)

                                                                                    60% (CSU); and

For IPs owned by holders

Assigned to CSU                                :                       60% (Creator/Inventor)

                                                                                    40% (CSU)

  1. For the income in excess of one hundred thousand pesos (P100,000.00) –

For CSU – owned IP             :                       20% (Creator/Inventor)

                                                                                    80% (CSU); and

For IPs owned by holders

Assigned to CSU                                :                       40% (Creator/Inventor)

                                                                                    60% (CSU)

  1. d) With prior approval of the Board of Regents and after review by the University VP for Research and Extension and University Legal Adviser and the CSU IP Committee, the allocation of royalties set forth herein may be adjusted for all creators/inventors.
  1. e) The manner of payment of royalties shall be mutually agreed upon by the parties;
  1. f) Percentage share from the royalties shall be collected from the proceeds of one (1) intellectual property. If there is more than one (1) related intellectual property licensed, the royalty shall be calculated for each and apportioned as stipulated in the contract. When there is more than one CSU inventor involved, there share shall be divided equally, unless there is a written agreement to the contrary;
  1. g) The CSU inventor’s personal share survives termination of affiliation with CSU and in the event of death, shall accrue to the inventor’s heirs, assignees, or successors-in-interest, in accordance with existing laws.
  1. h) Awards, prizes, honoraria and the like received by CSU inventors primarily as recognition for achievement in the generation of the intellectual property shall not be considered royalty.
  1. i) Except as may be provided otherwise in a written agreement approved by the University, the rule on sharing of royalties shall not apply to intellectual property owned solely by the University, as in the case of work for hire and institutional projects.

Section 47. Waiver in favor of CSU. – In case of inability to locate the CSU inventor or his/her heirs within ten (10) years from the last publication of these notices in a newspaper of general circulation, his/her royalty percentage share including interest shall be deemed waived in favor of CSU.

Section 48. Deferral of Payment. – Where there is a reasonable basis for believing that the royalty amounts may be refunded, or that others may have claim to such amounts, the payment thereof shall be deferred until the matter is resolved.

Section 49. Royalty Claims. – Any person who has legal grounds for receiving any royalty, but who does not receive it, shall submit to the CSU-IP Unit a claim in writing, containing his/her legal basis and the evidence necessary to prove his claim.

Section 50. Other Incomes not Considered Royalty. – Other incomes derived from the research shall not be considered royalty.

 

RULE X

 

CONFLICT RESOLUTION

Section 51. Mediation. – In case of conflict arising from any of the provision of the IP Policy and these rules, the parties may agree to result to mediation to settle the dispute with the assistance of the CSU-IP Unit. The decision is appealable to the University President whose decision shall be final.

Section 52. Other Remedies. – If the parties are not amenable to mediation, the parties may avail any remedy provided for by existing laws, rules, and regulations.

RULE XI

 

TRANSITORY PROVISIONS

 

Section 53. The party shall apply to existing agreements between CSU and any third party, with potential to generate intellectual property, subject to the conformity of the latter.

Section 54. If an existing agreement is renewed, revised or amended after the CSU policy takes effect, the amended or new agreement shall conform to the IP Policy and these rules, or shall automatically be under the operative provisions of this policy.

RULE XII

 

EFFECTIVITY

Section 55. These rules shall be effective upon publication in the National Administrative Register, or Official Gazette, or in a newspaper of general circulation or whichever is more economical.

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This entry was posted on August 21, 2014 by in Uncategorized and tagged , .

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tamayaocsu

tamayaocsu

Tuguegarao City, Cagayan Atty. MICHAEL JHON M. TAMAYAO manages this blog. He is currently starting his private law practice. Contact: mjmtamayao@yahoo.com; Tel. No. 09353343739. PROFILE: Atty. Tamayao is currently teaching law, philosophy and social sciences at the Cagayan State University. He finished his Bachelor of Arts in Philosophy degree at the Faculty of Philosophy, University of Santo Tomas and graduated in 2005, garnering the highest academic honors in that Academic Year. He pursued Licentiate in Philosophy and Master of Arts in Philosophy degrees at the same university, completing them both in 2007. In 2009, he took up Bachelor of Laws and Letter at the Cagayan State University, where he also teaches. He passed the 2013 bar exams, and now currently taking up Master of Laws and Letters at the San Beda Graduate School of Law.

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