INTRODUCTION AND PURPOSE
However, this is subject to changes and exclusions regarding ownership as contained in this policy and with respect to rights of network partners or sponsors. DLSL and the creator of the work may exercise their economic rights from the creation, invention or innovation and receive royalties as described in this policy.
DEFINITION OF TERMS
DLSL also owns or retains an interest in any portion, modification, extension, derivation, improvement or translation of the Intellectual Property as it would be in the original work. Retrieved from https://www.ipophl.gov.ph/glossary-of-key-terms-related-to-intellectual-property//.
Intellectual Property created under a grant or sponsored research agreement with an outside agency or entity. Valuation, protection, marketing and licensing of Intellectual Property for spin-off companies, start-ups and existing companies.
GOVERNANCE AND OPERATION
The Vice Chancellor for Research and Innovation, as appointed by the President, is the final arbiter of any disputed question of interpretation relating to this Policy. The President, through the Vice Chancellor for Research and Innovation, will appoint the members of the Committee on the recommendation of the President's Council. The Director of IPTTO will include the activities of the IP Committee in the annual report to the President.
IPTTO is under the umbrella of the Office of the Vice-Chancellor for Research and Innovation headed by a director and consists of two departments - Intellectual Property and Technology Transfer. If the IP is found to be protectable/patentable, prepare the description of the IP, or draw up the specifications of the patent together with the relevant IP creators. Write recommendation to the President for the immediate filing of appropriate IP protection, five (5) working days after the IP description is written or the claims of the patent are drafted.
Submit the IP for protection within 10 days of receiving notice of approval from the Office of the President. Stay informed of the entire prosecution process from the submission of the IP and response to the investigator's actions to the award of the IP right. Determine the potential value of the IP to be commercialized using the most appropriate asset valuation tools.
IP CREATION AND DISCLOSURE
A Creation Disclosure Form (CDF) serves as a written, dated record of your invention and provides basic information to help evaluate, later protect, and potentially commercialize the intellectual property associated with your invention. You can download the form from the DLSL website (https://www.dlsl.edu.ph/intellectual-property/). Creators must provide full, complete and accurate information as the Intellectual Property Technology Transfer Office (IPTTO) may reasonably request to be provided with a sufficient assessment of the ownership, commercial potential and intellectual property protection that may apply to that intellectual property.
Upon completion of the form, please email a signed copy along with all supporting documentation to: email@example.com. A grace period or non-adverse disclosure is available to creators who have already disclosed or published inventions in a journal, or demonstrated, sold, or discussed inventions publicly. A patent application must be filed within one (1) year from the date of disclosure or publication.
Before applying for a patent grant, familiarity with existing patent information documents will provide you with guidance and clarity in determining which patent claims to apply and will facilitate patent drafting. Copyrighted works are granted automatic protection under the Intellectual Property Code of the Philippines from the moment they are created, regardless of their mode or form of expression, as well as their content, quality, and purpose. For books and other related printed works: Two hard copies of the work (if the work is still unpublished, the submitted copies must be bound (soft bound or ring bound).
For musical compositions, sound recordings, audiovisual works or e-books: two electronic copies stored on separate CDs or USB drives. For works of drawings, paintings, architectural works, statues, engravings, prints, lithographs or other works of art, models or plans for works of art and photographic works: Two photographs of the works (for statues, the photographs must be of the registered work on all sides). For original ornaments or models for manufactories and industrial buildings and other works of applied art: two copies of the drawing of the motif with a corresponding technical description.
For computer programs: two electronic copies stored on separate CDs or USB flash drives OR hard copies of the first 25 and last 25 pages of the source code (must be ring-bound or soft-bound).
Creators will disclose the existence of and assign copyright to Institutional Works in accordance with this policy and contractual provisions, as well as the implementing rules and regulations of the Philippine Technology Transfer Act of 2009. Creators agree to cooperate in the enforcement of any documents required by DLSL to record and perfect the assignment of such rights to DLSL. If the work is the result of a collaborative effort between DLSL, an outside entity, and the creator(s), copyright will depend on the agreement.
The student shall grant a royalty-free license to DLSL to use works of the copyrighted works, for educational or research purposes or non-commercial purposes. Patent rights and/or other rights to the invention belong to the inventor, unless otherwise stated in Section 9.2.2 of the IP Policy. Inventors shall disclose the existence of and assign patent rights and other related rights regarding the inventions to DLSL in accordance with contractual provisions, the implementing rules and the provisions of the Philippine Technology Transfer Act of 2009.
Inventors agree to cooperate in the execution of all documents required by DLSL to register and perfect the transfer of such rights to DLSL. The student shall grant a royalty-free license to DLSL to access and use the invention and to exploit further for academic or research purposes or non-commercial purposes. In case the student does not wish to pursue the commercialization course, he/she is encouraged to assign the IP rights to DLSL for commercial purposes.
Research contracts are legally binding agreements that govern research collaboration between the institution and external organizations, regardless of whether these organizations fund the research or participate in the conduct of the research itself, which may result in IP being created at DLSL. Research contracts contain the terms and conditions under which specific research is to be carried out by DLSL and the external organisations.18 A contract checklist of the critical elements of the research contract and the red flags to look out for should serve as guidance. in the research contract preparation. In consultation with the researchers, IPTTO guides the contract team by providing advice and support to manage the risks involved, coordinate the entire transaction, negotiate appropriate terms and create the right type of agreement.
PUBLICATION, NON-DISCLOSURE AND TRADE SECRETS
Unauthorized acquisition, use or disclosure of such confidential information in a manner contrary to fair business practice by others shall be considered unfair practice and breach of trade secret protection.19.
COMMERCIALIZATION/UTILIZATION OF IP
Once the TRL threshold is met, the IPTTO will assess the technical development requirements – what resources are needed (resources may include money, people, time, partners, equipment, etc.) and what plans are in place to obtain these resources. The IPTTO will help formulate the IP strategy and connect creators with external patent counsel DLSL and will manage interactions regarding draft patent applications and formulate responses to IPOPHL patent inquiries. If DLSL decides to enter into a license agreement, the final steps involved in the implementation of the agreement and further cooperation with the licensee for further product development and other needs, the IPTTO will work with both parties to manage the license.
Sponsored activity, on the other hand, offers a way to accelerate the impact of academic research in the world we live in. The three things you need to include in any sponsored activity work are timeline, deliverables, and cost. The IPTTO prepares the term sheet to provide clarity and guidance in the conduct of negotiations.
The IPTTO is responsible for determining the agreements to be concluded and is responsible for the process of initiating the development of an agreement. Both parties will retain all rights to their respective IP provided for the purpose of the Research Agreement. Neither party shall obtain any rights in the other party's background IP provided for the project, other than the right to use said background IP to achieve the objectives of the project.
SHARING OF REVENUES
IP PORTFOLIO MAINTENANCE
For the payment of the annual fee, a non-payment period of six (6) months will be given, after the payment of the surcharge determined for late payment. 24. The maximum term of a service model is ten years with renewal fees payable after three, six and eight years to keep the IP alive. All issued trademarks are subject to maintenance fees which must be paid to keep the trademark in effect.
A Statement of Actual Use (DAU) must be submitted to IPOPHL as per the following schedule:25. Within three (3) years from the filing of the trademark application or within 3 years from the date of international registration or a later date of determination. Within one (1) year from the fifth (5th) anniversary of the trademark registration or within 1 year from the 5th anniversary of the declaration of the grant of protection.
17-010, a DLU must be submitted for renewed registrations within one (1) year from the date of renewal of the registration. This requirement only applies to registered points due for renewal on 01 January 2017 onwards, regardless of the submission date of the Request for Renewal. Infringement policing, written notification of infringers, and legal action where necessary to enforce rights are essential components of effective IP portfolio management.26.
CONFLICT OF INTEREST AND CONFLICT OF COMMITMENT
INTELLECTUAL PROPERTY OFFENSES AND PENALTIES