May we help you

Patent Facilitating Centre
TIFAC

 

HomeFacilitiesServicesDatabaseAcievements

Indian Patent Database
Home > Information Resources > Technology Transfer and IPR


Instructions for Technology Transfer and IPR

Ministry of Science and Technology has issued the guidelines "Instructions for Technology Transfer and Intellectual Property Rights", which would help in enhancing the motivation of scientists, research institutions and universities in projects funded by the Department of Science and Technology, Department of Biotechnology, Department of Scientific and Industrial Research and Department of Ocean Development. The salient features of the guidelines are :

Ownership of Intellectual Property: Institutions shall be encouraged to seek protection of intellectual property rights in respect of the results of R&D. They may retain the ownership of such IPR. ‘Institutions’ would mean any technical, scientific or academic establishment where research is carried out through funding by the central/state government.

Transfer of Technology: The institutions shall take the necessary steps to commercially exploit patents on exclusive or non-exclusive basis.

Royalty to Inventors: The owner institution is permitted to retain the benefits and earnings generated out of the IPR. The institution may determine the share of inventor(s) and other persons from such actual earnings. However, such share(s) shall be limited to one third of the actual earnings.

Norms for Private Industry: IPR generated through joint research by institution(s) and industrial concern(s) through joint efforts can be owned jointly by them as may be mutually agreed to by them through a written agreement. The institution and industrial concern may transfer the technology to a third party for commercialisation on exclusive/non-exclusive basis. The third party, exclusively licensed to market the innovation in India, must manufacture the product in India. The joint owners may share the benefits and earnings arising out of commercial exploitation of the IPR. The institution may determine the share of the inventor(s) and other persons from such actual earnings. Such share(s) shall not exceed 1/3rd of the actual earnings.

Patent Facilitating Fund: The owner institution(s) shall set apart no less than 25% of the revenue generated from IPR, to create a Patent Facilitating Fund. The Fund shall be utilized by the owner for updating inventions, filing new patent applications and protecting the IP rights against infringement and for building competency in the area of IPR and related issues.

Information : The institutions shall submit information relating to the details of the patent obtained, the benefits and earnings arising out of IPR and the turnover of the products periodically to the department/Ministry which had provided funds.

March In Rights: The Government shall have a royalty-free license for the use of intellectual property for the purposes of the Government of India.
back.gif (970 bytes)

up.gif (972 bytes)

 

Home | Facilities | Services | Database | Achievements | Reach us

Case Studies/Laws | Related Web sites | Printable Forms | Patent Agents | IPR Bulletin