It is the responsibility of the Researcher to ensure that prior to commencing any research activity in collaboration with any third party, the terms and conditions of cooperation be set forth in a written agreement (hereinafter referred to as Research Agreement).

Researchers/Inventors/Innovators/Creators shall not have the right to enter into a Research Agreement with third parties on behalf of the University unless they are authorised to do so by an official representative of the University. Concerning third party agreements, the University shall introduce a framework for the internal procedure of managing agreements.

Persons acting for, and on behalf of, the University shall exercise all due diligence when negotiating agreements and signing contracts that may affect the University’s IP Rights. In this context, the University shall put in place an appropriate procedure or appoint a unit to ensure that the interests of the University are represented in a sufficient degree.

In certain cases, it may be beneficial to the University to enter into Research Agreements that are exceptions to the provisions of this Policy with external sponsors of research and other third parties.

Depending on the relative intellectual and financial contributions of the University and the third party to the conception of the Intellectual Property, it may be appropriate for either cooperating party to obtain certain IP Rights and/or share in the revenue generated from its commercialisation (details on inventors’ research share are shown in section 10 of this document). Unless otherwise stated, the principal investigator or team leader is responsible for developing modalities for sharing the revenue prior to the commencement of the initiative. A copy of the modalities for revenue sharing should be, a priori, lodged with the Intellectual Property Office (IPO) at DRIC.

The Deputy Director (Research and Innovation) shall have immediate responsibility for the IPO.

The IPO shall perform the following functions:

1. Provide administrative support to an ad hoc committee comprising the Inventor, Provost of the College to which the invention belongs, an expert in the area of the invention and the Deputy Director (Research and Innovation) at DRIC.

2. Review applications for grant of patent for inventions and register utility models and industrial design.

3. Review applications for the registration of marks (including internet domain names as marks), geographical indications, and integrated circuits.

4. Register technology transfer arrangements, settles disputes involving technology transfer payments, and develop and implement strategies to promote and facilitate technology transfer.

5. Promote the use of patent information as a tool for technology development.

6. Publish regularly the patents, marks, utility models, and industrial designs issued and approved, and the technology transfer arrangements registered.

7. Coordinate with other government agencies and the private sector to strengthen the protection and enforcement of IP Rights in the University. 

8. Administratively adjudicates cases affecting intellectual property rights.

In the absence of such an agreement defined in Section 5.1., it is the policy of the University that IP Rights shall be distributed among the cooperating parties in the proportion that reflects the proportions of contribution to the creation of the Intellectual Property.

In order to enable the cooperating parties to establish such proportions defined in Section 5.6 and to prevent subsequent disputes, it is expedient that the parties maintain regular, well- documented records of the research activities pursued, signed by all of them.

The agreement set forth in Section 5.1 shall include, inter alia provisions with respect to the following:

1. IP and associated rights already existing at the University prior to entering into the agreement;
2. IP and associated IP Rights arising from research activities set out in the agreement, after entering into it;
3. Confidentiality requirements;
4. Terms of public disclosure; and
5. Other relevant provisions.

Any confidentiality provision of a Research Agreement aiming at the delay of public disclosure for the purpose of protection should not usually have effect for longer than 12 months from the time the concerned party is notified of the intent to publish.

Before execution by appropriate designated authority, the full copy of the proposed agreements and other legal statements concerning the University’s IP Rights shall be submitted to the person or unit designated by the University for advice.