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Manual Sample For Intellectual Policy

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ATENEO DE MANILA UNIVERSITY

INTELLECTUAL PROPERTY POLICY

Table of Contents

Section 1: INTRODUCTION ......................................................................................... 2


Section 2: DEFINITIONS .............................................................................................. 3
Section 3: GENERAL PRINCIPLES ............................................................................. 5
Section 4: OBJECTIVES ............................................................................................... 6
Section 5: SCOPE OF THE POLICY ............................................................................ 7
Section 6: OWNERSHIP................................................................................................ 9
Section 7: COPYRIGHT............................................................................................... 10
Section 8: PATENTS & RELATED RIGHTS ............................................................. 12
Section 9: TRADEMARK ............................................................................................. 13
Section 10: UNDISCLOSED INFORMATION ........................................................... 13
Section 11: IMPLEMENTATION AND PROTECTION OF INTELLECTUAL
PROPERTY .................................................................................................................. 14
Section 12: BREACHES .............................................................................................. 16
Section 13: EFFECTIVITY .......................................................................................... 16

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ATENEO DE MANILA UNIVERSITY
INTELLECTUAL PROPERTY POLICY

SECTION 1
INTRODUCTION

The Ateneo de Manila University (hereinafter “University”), a Jesuit, Catholic and


Filipino academic institution, states in its Mission/Vision that (1) it seeks to
preserve, extend, and communicate truth and apply it to human development; and
that (2) it seeks to identify and enrich Philippine culture and make its own. The
University, with its large pool of intellectual and creative resources, encourages and
supports research among its faculty, students, and staff, including the practical
application and economic use of these researches towards the attainment of its
Mission and for the benefit of the general public. The University also promotes and
cultivates innovation and the honing of one’s talents in pursuit of nationwide
cultural development and growth.

The development of innovative technologies, as well as the creation of various


works, which serve the public good is a concrete contribution of the University.
Therefore, the University hereby adopts the following Policy on Intellectual
Property.

This Policy governs the ownership, protection, and commercial exploitation of all
forms of Intellectual Property created by Researchers, Inventors and Creators in the
course of their duties or activities at the University, as well as in cooperation with
third parties, including other academic, research, industrial, cultural, and business
organizations.

Through this Policy, the University envisions to promote, encourage, and facilitate:
1. Relevant scientific, social, artistic, and cultural research and
innovation at the University;
2. Effective research and innovation collaboration with third parties;
3. The creation of various literary or artistic works at the University;
4. The protection of the rights of creators and researchers;
5. Efficient and sustainable management of Intellectual Property;
6. Fair distribution of economic benefits arising from commercialization
of Intellectual Property among relevant stakeholders; and
7. Enhancement of the University’s goodwill as an academic research
institution, as well as a fertile ground for cultural and holistic
development.

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Nothing in this Policy overrides the provisions of Republic Act No. 8293 or the
Intellectual Property Code of the Philippines, as amended by Republic Act 9502
and Republic Act No. 10372 (hereinafter “IP Code”), Republic Act No. 10055 or the
Philippine Technology Transfer Act of 2009 (hereinafter “Technology Transfer Act”),
Republic Act No. 8371 or the Indigenous Peoples’ Rights Act of 1997, and all laws
and treaties that bind the Philippines to which this Policy relates to, and which are
deemed incorporated herewith.

SECTION 2
DEFINITIONS

a. “Commercialization” is any means of developing for profit any Intellectual


Property, including assignment, licensing, and exploitation within and outside
the University.

b. “Copyright” is the bundle of rights, as enumerated in Section 177 of the


Intellectual Property Code, given by law to the Creator or Researcher over his
work/research.

c. “Copyrighted works” refers to any literary, artistic, scholarly, scientific, and


derivative works which qualify for copyright protection under the Intellectual
Property Code.

d. “Creator” is the natural person who has created the work. "Creator" is used
interchangeably with "Author."

e. “Industrial Design” is an aesthetic, ornamental, and non-functional aspect of an


article, and may consist of three-dimensional features such as the shape or
surface of an article, or of two-dimensional features, such as patterns, lines, or
colors.

f. “Intellectual Property” shall refer to a product of the intellect which can be


attributed to specific persons or institutions, such as inventions, technologies,
developments, improvements, processes, research results, works of art, visible
distinctive signs, undisclosed information, and other matters protected under the
Intellectual Property Code.

g. “Intellectual Property Rights” (IP Rights or IPRs) are ownership and associated
rights relating to Intellectual Property, as provided for by law, including patents,
rights in utility model, plant breeder’s rights, plant variety protection rights,
rights in geographic indications, rights in designs, trademarks, service marks,
trade names, collective marks, copyrights, topography rights, know-how, and
trade secrets, including applications or rights to apply for them, extensions and

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renewals of such rights, and all rights or forms of protection having equivalent
or similar effect anywhere in the world.

h. "Invention Disclosure Agreement" is a written submission of a potential


patentable invention which involves all information regarding the invention. The
written document should list the name of all collaborating sources, along with
the necessary information needed for patenting.

i. "Inventor" is the natural person who has created a patentable Invention under
the Intellectual Property Code.

j. "Material Transfer Agreement" is an agreement that demarcates the rights and


boundaries of the provider and recipient of research materials to ensure the
protection of intellectual and other property rights of the provider, while
permitting the use of materials for research.

k. “Non-Disclosure Agreement” is a formal agreement between the parties where


confidential information is shared and expressed, and wherein access to such
confidential information is restricted against third parties or the public.

l. “Patent” is an exclusive right imbued to the Inventor or his assignee of an


Invention that is new, involves an inventive step, and is industrially applicable.

m. "Prototypes" are a model of the final product capable of achieving most of the
functions of the final product. It is intended to show prospective sponsors a
product without requiring mass manufacture.

n. “Researcher” refers to persons who perform any research task at the University,
or participate in any research project administered by the University, including
those funded by external sponsors; and in either case, use the University’s
resources. Such persons may include:

(1) employees of the University, including student-employees and technical


staff;
(2) students, including graduate and postgraduate students of the University;
or
(3) any person, not employed or enrolled in the University, fulfilling the
above-mentioned requirements, including visiting researchers and
exchange students;

o. “School” refers to the individual Loyola Schools, such as the School of


Humanities, School of Social Sciences, School of Science and Engineering, and
the School of Management; the Ateneo Grade School, Ateneo High School, and
the Ateneo Professional Schools, namely, Ateneo Graduate School of Business,

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Ateneo Law School, Ateneo School of Government and Ateneo School of Medicine
and Public Health.

p. “Trademarks and Service Marks” means any visible sign capable of


distinguishing the goods (trademark) or services (service mark) of an enterprise
and shall include a stamped or marked container of goods.

q. “Undisclosed Information” are proprietary information held in secret or not


generally known among or readily accessible to persons within the circles that
normally deal with the kind of information, has commercial value because it is
secret and has been subject to reasonable steps under the circumstances, by the
person lawfully in control of the information, to keep it secret.

r. "University" refers to the Ateneo de Manila University and includes the Loyola
Schools, and the Ateneo Professional Schools, namely, Ateneo Law School,
Ateneo Graduate School of Business, Ateneo School of Government, and Ateneo
School of Medicine and Public Health.

s. “University resources” means any form of funds, facilities or resources,


including equipment, consumables, and human resources provided by the
University either directly or indirectly.

t. "University Use rights" are the universal, non-exclusive, royalty-free use rights
of the University to reproduce, publish, display, perform, and/or publicly
distribute works made available to the University for the non-commercial
purposes of education, exhibition, accreditation, development, alumni relations,
promotion, and the like; as examples of faculty and student work; and for
inclusion in its permanent collection and/or archives.

u. “Utility Models” are inventions that are new and industrially applicable.

v. “Visiting Researchers” mean individuals having an association with the


University without being either employees or students. “Visiting Researchers”
include academic visitors, individuals with honorary appointments in the
University and emeritus staff.

SECTION 3
GENERAL PRINCIPLES

3.1 The University recognizes that students, Researchers, Creators, and Inventors
have the right to claim ownership of IPRs over works they have created without the
University’s support.

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3.2 The University recognizes the faculty’s freedom in research and in the
publication of their results subject to the adequate performance of their other
academic duties.

3.3 The University subscribes to the principle that recognition of Intellectual


Property Rights of Researchers enhances accountability and accessibility of the
public to the fruits of research.

3.4 The University subscribes to the principle that protection and encouragement of
artistic, literary and intellectual self-expression of Creators enriches the culture.

3.5 All Researchers who utilize the facilities of the University have an obligation to
disclose patentable and copyrightable works to the University, regardless of
ownership.

3.6 The University will endeavor to support all types of research, creation, and
innovation, whether basic or applied, which further its Mission and which raise the
level of scholarship and artistic self-expression.

3.7 Commercialization of IP may be pursued by the University but in a manner that


does not interfere with its mission to “preserve, extend, and communicate truth and
apply it to human development and the preservation of the environment.”

3.8 The University may also opt not to seek IP protection even for outstanding
discoveries and inventions. Faculty, students and Researchers may then seek IP
protection on their own initiative.

3.9 The University, in cooperation with the State, shall endeavor to learn more
about, and find ways to protect and respect, indigenous culture, traditions, and
institutions, and the intellectual property associated with Indigenous People.

SECTION 4
OBJECTIVES

4.1. The recognition and protection of IP Rights are necessary for the establishment
of a strong research environment and the cultivation of creativity and innovation.
An effective IPR system provides incentives for research and creativity, facilitates
access to research and creative output, protects against misuse and unauthorized
use of Inventions and other original creations, and can contribute financial
resources for the sustainability of research and creative activities. In addition, a
well-crafted IPR system facilitates collaboration with other institutions and
external individuals, and provides better protection for the University’s rights as an
institution.

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4.2 Thus, through this Policy, the University seeks:
a. To encourage innovation and creativity in the development of useful
Inventions, technologies, researches, and original creations;
b. To protect the rights of Researchers to the products of their research
endeavors, the rights of Inventors over their inventions, and the rights of
Creators over their works;
c. To encourage and protect freedom of self-expression among students, faculty
and other members of the University engaged in literary, intellectual or
artistic creation.
d. To raise funds from the proceeds of Intellectual Property which are generated
using its resources;
e. To enforce IPR in an appropriate manner in order to maintain the academic
nature of the University; and
f. To provide an effective and efficient mechanism that:
i. Clarifies the rights and obligations of Researchers, Inventors, and
Creators;
ii. Monitors and documents research in the University, in particular
those which are subject to intellectual property protection.
iii. Monitors and keeps records of IPRs owned by the University;
iv. Defines the procedures for technology transfer, assignment, licensing,
dispute resolution, and other IP matters;
v. Ensures that research and the sharing in the benefits of research
follow ethical precepts, including matters of conflict of interest and
professional and personal responsibility; and
vi. Provides for the registration, maintenance, and protection of IPR.

4.3 For purposes of implementing the provisions of this policy, the Ateneo
Intellectual Property Office (AIPO) shall be created to handle the University’s
intellectual property-related rights, matters, and disputes.

SECTION 5
SCOPE OF THE POLICY

5.1 This Policy shall apply to all forms of intellectual property created on or after
the date of approval of this Policy by the University Board of Trustees, and to all IP
Rights associated with them.

5.2 This Policy shall apply to all University students, faculty, postdoctoral fellows,
consultants, Researchers, Visiting Researchers, research assistants, scholars,
University employees, and other Inventors or Creators of the University pursuant
to legal instruments, including employment contract, collective research agreement

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or individual agreement. Visiting students from other universities are also covered
by this Policy.

a. Employment Contract. The University Office of Human Resource


Management and Organization Development shall ensure that all
employment contracts or other agreements to that effect, include a
provision binding Researchers, Inventors, and Creators to this Policy.

b. Student Agreement. The University shall require the student to be bound


by this policy upon enrollment, or upon entering the University pursuant
to an agreement with another institution/university.

c. Research Assistants. Research assistants who are neither students nor


employees of the University shall be bound by the provisions of this Policy
as regards all their intellectual property output.

d. Incoming Visiting Researcher. The AIPO shall ensure that Researchers


not employed by or enrolled in the University, including Visiting
Researchers, shall sign an agreement to be bound by this Policy, including
an agreement assigning to the University ownership of intellectual
property created by them in the course of activities in connection with
their association with the University, prior to any engagement of any
research activity at the University.

e. Outgoing Visiting Researcher. In cases wherein a Researcher, employed


by the University but working in another institution as Visiting
Researcher, is required to sign any document which might affect the
University’s IP Rights, the Researcher shall first obtain a written
approval from the head of the AIPO. The approval shall be granted if no
University IP Rights are being affected. If the University’s IP Rights are
affected, the AIPO shall negotiate with the third-party institution for an
arrangement which shall not prejudice the interests of the University.

f. Surviving Rights and Obligations. Rights and obligations under this


Policy shall survive any termination of enrollment or employment at the
University.

5.3 The present Policy shall not apply in cases in which the above mentioned
person/s entered into an express agreement with the University before the effective
date of the Policy, or the University previously entered into an agreement with a
third party, concerning rights and obligations in conflict with those set out in this
Policy.

5.4 This Policy shall respect the University’s policies on:

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a. Academic standards and ethics, such as plagiarism, dishonesty, and due
recognition of work;
b. Ethics in Research and, where appropriate, decisions of the University’s
Ethics Board;
c. Conflicts of interest and guidelines regarding the practice of one’s profession;
and
d. Grants, contracts or other arrangements with third parties, including
sponsored research agreements, collaboration agreements, license
agreements, and the like, if these terms are more beneficial to meet the
purposes and principles of these guidelines.

This Policy shall also form part of the University’s policies, which include the
following:

a. Faculty, Student, and Employee Manual


b. Policy on Research Ethics
c. Decisions of the University Ethics Board
d. Guidelines on Conflict of Interest
e. Non-Disclosure Agreement (NDA)
f. Material Transfer Agreement (MTA)
g. Invention Disclosure Agreement (IDA)
h. Guidelines on Technology Transfer and Related Agreements
i. Other related University policies.

5.5 This Policy does not supersede the University’s rules on:

a. Dishonesty and plagiarism;


b. Conflict of interest;
c. The University’s right to negotiate and meet its obligations;
d. Moral and ethical behavior;
e. Research and editorial policies of its constituent units; and
f. Other rules deemed essential to its Mission and Vision, and
character as a University.

SECTION 6
OWNERSHIP

6.1. Employees. All rights in Intellectual Property devised, made, or created by an


employee of the University in the course of his or her regularly-assigned duties and
activities of employment shall generally belong automatically to the University.
This also applies to student employees.

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6.2. Students. Students who are not employed by the University shall own all
Intellectual Property and associated IP Rights they create in the normal course of
their studies, subject to applicable University Use rights, EXCEPT when ownership
belongs to the University pursuant to Section 7, Section 8, and Section 9 of this
Policy on copyright, patent, and trademarks.

6.3 Others. Ownership of intellectual property created or made by other persons


performing research tasks in the University, who are neither employees nor
students, in the course of their research activities in the University shall generally
belong automatically to the University, UNLESS there is a separate agreement
regarding ownership entered into depending on the status of such person, in which
case, Section 2 (n) and Section 5.2 shall be considered alongside Sections 7, 8, and 9.

SECTION 7
COPYRIGHT

7.1 Copyright. Copyright and all other economic rights over Copyrightable Works
shall be owned by the Creators, EXCEPT in the following cases, where the
copyright shall belong to the University:

a. Works specifically commissioned by the University;


b. Works that are produced through significant use of University Resources,
when such use is not covered by tuition fees and/or scholarship grants;
c. Works that are produced through significant use of University Resources
even though created by an employee outside the course of his or her duties,
activities, and employment.;
d. Works created by an employee in the course of his or her regularly-assigned
duties, activities, and employment;
e. Works developed or created in the course of, or pursuant to, a scholarship
sponsored by a third party under a separate agreement, a sponsored research
or other third party agreement, the copyright of which shall belong to the
University;
f. Philippine government funded research and development, wherein the
copyright belongs to the University pursuant to the Technology Transfer Act
of 2009; and
g. Works whose authorship cannot be assigned despite the application of this
Policy, such as those attributed to more than a discrete number of authors, or
resulting from simultaneous or sequential contributions over time by
multiple authors.

7.2 Contractual Stipulation on Copyright. Notwithstanding Section 7.1 above, the


ownership over any Copyrightable Work may be subject to agreement between the
University and the Creator.

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7.3 Joint Authorship. In the case of works resulting from the contribution of efforts
coming from different persons, authorship shall be determined as follows:

a. By contractual stipulation; or
b. By application of the rules for joint ownership under the Intellectual Property
Code.

7.4 Dispute Resolution. Authorship disputes shall be resolved through alternative


modes of dispute resolution, such as mediation and arbitration, to be facilitated by a
body convened by the AIPO. Legal action shall only be pursued in the event of a
failure of any of these modes of dispute resolution pertaining to the authorship of
copyright of works.

7.5 License for Publication. In order to enable the University to perform its mission
of transferring knowledge and technology for the public benefit, every Researcher,
employee, and student is required to grant a royalty-free license in favor of the
University for the reproduction, publication and public distribution of copies of
thesis, dissertation and other works, the copyright of which belongs to such
Researcher, employee, or student under this Policy

7.6 Exclusive license and assignment of copyright. In cases when the work is owned
by or licensed exclusively or permanently assigned to the Creator, the University
shall retain the right to a non-exclusive, nontransferable, irrevocable, royalty-free,
worldwide license on the work for research, educational and humanitarian
purposes.

7.7 Publication of Research, Thesis, or Dissertation. The AIPO may, on its own or
upon request of the School concerned, evaluate any thesis, dissertation or research
output by students, employees, and researchers, and recommend the postponement
of its publication if, after the examination, the AIPO finds that there is a need to
pursue IP protection on the part of the University for purposes of
commercialization. Such evaluation and examination by the AIPO of the research
output shall be made within a reasonable time depending on the circumstances.

7.8 Audio and video recordings. The University does not claim rights in the
intellectual, artistic, or literary content of the audio or video recordings of a lecturer
or creator of the audio and video recordings; the copyright over the content shall be
governed by this Policy.

The lecturer or other Creator of the presentation being recorded reserves the right
to disallow the recording of the same and to obtain remedies via the guidelines that
may be issued by the AIPO.

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SECTION 8
PATENTS & RELATED RIGHTS

8.1 Patent and Related IP Rights. - The right to own a patent shall belong to the
Inventor(s), EXCEPT those instances when the patent and all related IP Rights
belong to the University, as provided in this Policy, including:

a. Inventions that are supported significantly by the University funds or other


University Resources;
b. Inventions by an employee in the course of his or her regularly-assigned
duties, activities, and employment;
c. Regardless of the source of funding, inventions produced in pursuit of a
scientific project or purpose at the direction and control of the University;
d. Inventions whose ownership cannot be attributed to one or a discrete set of
researchers, despite the application of this Policy;
e. Those that are stipulated by contract as commissioned works;
f. Inventions developed or created in the course of, or pursuant to, a
scholarship sponsored by a third party under a separate agreement, a
sponsored research or other third party agreement, the patent of which
shall belong to the University; and
g. Philippine government funded research and development, wherein the
patent belongs to the University pursuant to the Technology Transfer Act of
2009.

8.2 Contractual Stipulation on Patents and Related Rights. Notwithstanding


Section 8.1 above, the ownership over any invention or patentable work may be
subject to agreement between the University and the Inventor.

8.3 License to Commercialize. In case of a University-owned patent and a license


granted to an inventor for the commercialization of the invention, the License
Agreement shall specify the University’s share of the royalties and other benefits
that may accrue from the commercialization of the patented invention.

8.5 Exclusive license and assignment of patent. In cases when the invention is
owned by or licensed exclusively or permanently assigned to the inventor, the
University shall retain the right to a non-exclusive, nontransferable, irrevocable,
royalty-free, worldwide license on the invention for research, educational and
humanitarian purposes.

8.6 Contractual Obligation. No license shall be granted in violation of any prior


contractual obligation of the University.

8.7 Inventorship. Inventorship of inventions arising from collaboration may be sole,


primary or joint, and shall be determined as follows:

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a. By contractual stipulation; or
b. By determination of the extent of contribution to the inventive step.

8.8 Dispute Resolution. Disputes shall be resolved through alternative modes of


dispute resolution, such as mediation and arbitration, to be facilitated by a body
convened by the AIPO. Legal action shall only be pursued in the event of a failure of
any of these modes of dispute resolution pertaining to the authorship of copyright of
works.

SECTION 9
TRADEMARK

9.1 Trademarks and Service Marks. Students, faculty, university staff, employees,
and other persons who have created Trademarks and/or Service Marks in the course
of regular university work or projects shall be afforded the opportunity to register
the marks and acquire rights thereto in accordance with the provisions of the
Intellectual Property Code. The University shall not require as a condition for
finishing a school project or assignment that the Trademark be registered under the
name of the University or any of its colleges or affiliated entities.

This Policy shall not govern the use of, transactions, and all matters pertaining to
registered Ateneo marks. Said registered marks will be subject to the "University
Business Affairs Office - Policies and Procedures Manual: Sponsorships, Licensing,
and Business Partnerships" and other applicable rules.

9.2 Dispute Resolution. - Trademark-related disputes shall be resolved through


alternative modes of dispute resolution, such as mediation and arbitration, to be
facilitated by a body convened by the appropriate officers/division of the AIPO.

Legal action shall only be pursued in the event of a failure of any of these modes of
dispute resolution pertaining to the Trademark ownership.

SECTION 10
UNDISCLOSED INFORMATION

10.1 Research Output, Thesis and Dissertation. As a general policy, any research
output, thesis, dissertation, and other course-related projects, should not depend on
Undisclosed Information that will compromise the completion of their academic
requirements.

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10.2 Non-disclosure Agreement. As a policy, the dissemination of Undisclosed
Information should be subject to a Non-Disclosure Agreement (NDA) which should
include all parties involved in the work.

10.3 Review of Disclosures. The AIPO shall implement a system of review and
assessment of disclosure of research results in public forums or publications from
projects which are covered by NDA.

10.4 Material Transfer Agreement. The rights, obligations and/or the restrictions of
all materials shared between Researchers of the University and external entities
shall be covered by a Material Transfer Agreement (MTA). This shall include
Prototypes, biological organisms, devices, and the like.

SECTION 11
IMPLEMENTATION AND PROTECTION OF INTELLECTUAL PROPERTY

11.1 The Ateneo Intellectual Property Office (AIPO) is the main office responsible
for the protection and commercialization of the University’s Intellectual Property.

11.2 Functions and Duties. The AIPO shall:

a. Resolve disputes arising out of, or in relation to, this Policy;


b. Oversee the protection of the University’s Intellectual Property, in accordance
with this Policy;
c. Determine the patentability of a work;
d. Supervise the disclosure of all works created and inventions conceived or first
reduced to practice by all Researchers;
e. Assist in the execution of agreements, affidavits, applications, complaints and
other documents relating to works and inventions necessary to facilitate the
filing of patents;
f. Register or deposit intellectual property with the IPO Philippines and/or
foreign Intellectual Property offices on behalf of the University;
g. Negotiate contracts related to the commercialization of Intellectual Property
owned or assigned to the University;
h. Monitor the status of royalty payments;
i. Review and settle disputes regarding the sharing and distribution of royalties
in a manner consistent with these policies and guidelines;
j. Review and recommend, upon consultation with the appropriate personnel
and units, appropriate policies for the University which can strengthen
science and technology research and development;

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k. Provide assistance by giving information to parties who wish to
register/deposit their works/other intellectual property with the appropriate
bodies;
l. Advocate within the University for the protection of intellectual property;
m. Issue guidelines and implementing rules of the IP Policy;
n. Approve the licensing or assignment of intellectual property owned by the
University;
o. Recommend changes in this Policy;
p. Recommend the creation of other offices, when necessary under the
circumstances; and
q. Such other functions as may be necessary to carry out the objectives of this
Policy.

Provided, that pursuant to Section 9 of this Policy, all matters pertaining to


registered Ateneo marks shall not be handled by the AIPO, but by the Office of the
Vice President for Finance and Treasurer.

11.3 Creation of AIPO Departments and Divisions. For purposes of implementing


the provisions of this policy, the AIPO shall create its own departments, divisions,
and/or units necessary for overseeing the protection of all the University’s
intellectual property and coordinating with other offices for all activities in relation
to their protection and commercialization, as well as other functions that may be
necessary to carry out the objectives of this IP Policy.

11.4 AIPO Issuances and Regulations. The AIPO shall issue its own implementing
rules and regulations to fulfill its functions under this Policy. All guidelines and
implementing rules created pursuant to this Policy by AIPO and/or the individual
Schools shall be promulgated, attached herewith, and deemed incorporated by
reference into this Policy upon their effectivity.

11.5 Dispute Resolution. In the first instance, disputes in relation to this Policy
shall be resolved by the relevant AIPO division. A decision shall be made within a
reasonable time depending on the circumstances. Absent directly applicable
provisions in this Policy, the relevant provisions of law shall be
applied suppletorily.

11.6 Appeals from Division Decisions. Decisions of any AIPO division shall be
appealable to the head of the AIPO within thirty (30) days from receipt by the party
of the division decision.

11.7 Transition Period. In order to effectively implement this Policy, the AIPO is
authorized to retain all the fees, royalties and other income collected by it, for the
account of the University under this Policy for use in its operations, subject to
existing accounting and auditing rules and regulations of the University. This

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amount shall be deposited and maintained in a separate account or fund, which
may be used or disbursed directly by its divisions, subject to the approval of the
head of the AIPO.

The University shall provide the annual budget for the AIPO’s operations in the
first (5) years or until its revenues become sufficient to fund its operations,
whichever comes first.

SECTION 12
BREACHES

12.1 Breach of Policy. Breach of the provisions of this Policy shall be dealt with
under the normal procedures of the University and in accordance with the relevant
provisions of law.

12.2 Penalties. Any person found to have breached any of the provisions shall suffer
the following penalties:

• A period of ineligibility not exceeding five (5) years for research grants from
the University or any of its affiliated foundation;

• Automatic removal of research load credits and ineligibility to receive these


benefits for a period not to exceed five (5) years; and

• If applicable, disqualification for any administrative position and automatic


removal from any University administrative position for a period not
exceeding five (5) years.

This is without prejudice to any other penalties that may arise from other issuances
of the AIPO, the Schools, or from the violation of national and local government
rules and regulations, university policies or guidelines, including the Student
Handbook.

SECTION 13
EFFECTIVITY

13.1 Effectivity. This policy shall be effective fifteen (15) days from the date of first
publication on the web page of the Ateneo de Manila University System and/or
other forms of appropriate media accessible to all members of the University, after
final approval of the Board of Trustees of the University.

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Other guidelines, issuances, and implementing rules issued pursuant to this Policy
shall contain provisions regarding their own effectivity.

13.2 Amendments. The provisions of this policy may be reviewed and amended by
the University on a yearly basis, or as they deem necessary. The University shall
undertake to notify University employees and students as soon as is practicable of
such amendments. The amendments shall be in full force and effect on the date the
amendments have been announced by the University to take effect, after final
approval of the Board of Trustees.

13.3 Non-Retroactive Effect. Agreements entered into by the University and


the Researcher(s) prior to the effectivity date shall be governed by the agreement
and/or provisions of the Policy in effect at the time of the signing.

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