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1. Introduction

With a vision-mission to "building a just and humane society by being at the forefront of innovative education that is accessible to the poor and diversely-gifted learners", De La Salle-College of Saint Benilde (DLS-CSB) offers pioneering, non-traditional, industry-responsive, specialized courses in the fields of Hotel, Restaurant and Institution Management, Design and Arts, Multidisciplinary Studies, Management and Information Technology, Deaf Education and Applied Studies, and Continuing Professional Education to all learners. DLS-CSB recognizes that the successful attainment of this vision-mission is a collaborative effort among administrators, faculty, support associates, students, alumni, parents, and external stakeholders.

DLS-CSB is an innovative educational institution that adopts a "learner-centered" teaching philosophy, and values honesty, integrity and meritocracy. A repository of theoretical and applied knowledge and a stimulus for artistic expression and creativity, DLS-CSB acknowledges the need to institute policies for dealing with intellectual property.

The first edition of the "De La Salle-College of Saint Benilde Intellectual Property Rights Policy with Implementing Rules and Regulations" was approved by the Office of the President and Chancellor and released for institutional implementation on 26 May 2015, with the objective of establishing the basic framework and mechanisms for identifying, protecting and managing intellectual property generated in or through the College. (a)

With the adoption of the policy De La Salle-College of Saint Benilde -

▢ encourages and supports the members of the Benildean Community to create, innovate and excel by pursuing their academic, creative, research and other scholarly endeavors whether independently or in collaboration with others;

▢ recognizes and respects the intellectual property rights of authors, creators, and inventors as an effective means of maintaining accountability;

▢ upholds its rights to identify, preserve and protect its intellectual properties particularly those generated with the substantial use of Benilde resources. Benilde resources are to be utilized primarily to advance the College's mission and objectives;

▢ obliges members of the Benildean Community to disclose their works to the College; and

▢ reserves the right to grant or deny permission to any use of the name and Trademarks of DLS-CSB in connection with any work or the commercialization thereof by any party.

This second edition of the IP Rights Policy and Implementing Rules and Regulations (2018-2021) covers the transfer of intellectual property management functions from the Office of the President to the Office of the Chancellor, including the IPMC, harmonization with other institutional policies such as the institutional linkages, and updates to complement the Benilde Intellectual Property website. (n)

The policy is outlined in broad terms to be comprehensive in coverage and holistic in approach, and any doubts in the interpretation and implementation of the policy should be resolved in favor of recognizing and protecting the intellectual property rights of the owner. The policy must be read hand in hand with the implementing rules and regulations and such intellectual property guidelines as may be adopted by the College from time to time to address specific IP-related concerns. This policy shall complement existing or future policies of DLS-CSB on Research, Research Ethics and Academic Integrity.

2. Coverage

2.1. This policy shall apply to all faculty, both teaching faculty and academic service faculty, all students including paying undergraduate or graduate students, scholars, and student professionals, associates which include academic service associate, administrative associate and support associate regardless of status, rank and contract, all researchers and guests including visiting professors, exchange students, consultants and independent contractors, who are undertaking research and other scholarly or creative activities in DLS-CSB or outside DLS-CSB, under a contract with DLS-CSB or using College resources, collectively and interchangeably referred to in this policy as "members of the Benildean Community", "members", or " Benildeans". (a)

2.2. This policy covers all kinds of intellectual properties under the Intellectual Property Code of the Philippines (RA 8293), and amendments thereto, other related Philippine laws, international treaties and agreements in which the Philippines is a signatory; all artistic, creative, literary, musical, scientific, technological and innovative undertakings; and all pedagogical, scholarly works, research, whether or not covered by a certificate or application for Copyright, Patent, Trademark, or any written contract or agreement, or any other modes of IP protection, whether for academic or non-academic purposes, provided it utilized College resources. (a)

2.3. This policy covers all types of intellectual property rights recognized under RA 8293 and its amendments, related Philippines laws and international treaties and agreements in which the Philippines is a signatory.

3. Definition of Terms

Unless otherwise specified or the context otherwise requires, the following terms shall be given the following meanings in this policy:

3.1. "Assignment" means the transfer by the inventor of all or a portion of his/her intellectual property rights, title and interest in the work or invention to another person or entity.

3.2. "Code" means Republic Act 8293 or the Intellectual Property Code of the Philippines, and all amendments thereto.

3.3. "Commercialization" of intellectual property is a continuum of activities and actions that provide for the protection, management, evaluation, development and value-creation of ideas, inventions and innovations to implement them in practice. It includes internal development, accelerator models, incubation, joint ventures and partnering. (Adopted from the WIPO Guide on Intellectual Property Commercialization, September 30, 2015 ( http://www.wipo.int/edocs/mdocs/mdocs/en/cdip_16/cdip_16_inf_4.pdf ). Commercialization also includes the use of intellectual property rights through assignment and licensing agreements, and establishment of startups or spinoffs. (n)

3.4. "Commissioned work" means (i) a work in which intellectual property subsists that the College specifically engages a faculty, support associate or student to create outside the scope of the said person's duties; or (ii) a work created by a natural or juridical person upon the initiative and under the direction of the College, for the use of the College and subject to a written contract with the College. The College, as the entity who commissioned the work, owns the work, but the Copyright remains with the creator, unless there is a written agreement to the contrary. Provided, that notwithstanding the ownership by the creator of the Copyright in a commissioned work, the creator agrees not to create the same work or a substantially similar work rendered for the College for another person entity. (a)

3.5. "Committee on Intellectual Property" refers to the committee constituted under Article 9 of this policy.

3.6. "Copyright" means the exclusive right granted to the creator of original literary, scholarly, scientific or artistic work, to restrict others from reproducing, adapting, distributing to the public, performing in public or publicly displaying the said work. It gives the creator or the assignee the legal right to determine how the work is to be used and how to obtain economic benefits from the work. Copyright includes the moral rights of the creator, which covers his right of attribution, right of alteration, right of integrity and right to restrain the use of name. (a)

3.7. "Copyrighted work" means a work of authorship, whether original or derivative, literary or artistic in nature and which has been fixed in a tangible form, as enumerated under Sections 172 and 173 of the Intellectual Property Code of the Philippines.

3.8. "College" refers to the De La Salle–College of Saint Benilde, or DLS-CSB.

3.9. "Benilde resources" or "College resources" refer to all the resources of and support provided by the De La Salle-College of Saint Benilde not limited to financial, technical, or associate, which are utilized by the author, creator or inventor, including Benilde facilities, materials, online resources, workspace, faculty advising/mentoring/coaching, employee or associate time/effort, laboratory and other equipment, computer hardware or software, utilities, consumables, funding, allowances, and reimbursements for research and teaching activities including travel, confidential information and intellectual property owned by or licensed to DLS-CSB.

3.10. "Fair use" is the right to the limited use of copyrighted work without permission from the author for purposes of criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research and similar purposes, and compatible with the criteria for fair use set forth in Section 185 of the Code, as amended.

3.11. "Industrial design" is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors. Provided, that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft.

3.12. "Institutional work" is a work created upon the initiative and under the direction of the College, and for the use of the College, by a person acting within the scope of his/her employment, or subject to a written contract with the College.

3.13. "Instructional materials" are works, which are primarily used for the instruction of students. These include audiovisuals, textbooks, multimedia presentations, syllabi, handouts and study guides.

3.14. "Intellectual Property" means any property defined as such under the Intellectual Property Code of the Philippines (RA 8293) and amendments thereto, such as, but not limited to, Copyright and Related rights, Trademarks and Service Marks, Geographic Indications, Industrial Designs, Patents, Patentable inventions, Layout Designs of Integrated Circuits, Utility Models, Plant Variety, computer software, know-how, tangible research property, trade secrets or protection of undisclosed information, and all other intellectual or industrial property rights either registered or unregistered and including applications or rights to apply for them and together with all extensions and renewals of them, and in each and every case all rights or forms of protection having equivalent or similar effect anywhere in the world. (a)

3.15. "Intellectual Property Management Center" or "IPMC" is the institutional center under the Office of the Chancellor of De La Salle-College of Saint Benilde created to manage Benilde IP pursuant to article 7 of this policy. (a)

3.16. "Inventor" (used interchangeably in this policy with the terms "Author" or "Creator") refers to the person who creates, produces, invents, designs, composes, enhances, develops, generates, makes, originates or otherwise brings into existence intellectual property.

3.17. "Invention" is the creation of a new technical idea and of the physical embodiment of the idea or means to accomplish it. To be patentable, an invention must be new, involves an inventive step and is industrially applicable.

3.18. "License" is a grant of permission to use an intellectual property within a defined time, context, market line, or territory. A license may be exclusive or non-exclusive.

3.19. "Patent" refers to the exclusive right granted to an inventor to restrict others from making, using or selling his/her invention.

3.20. "Policy" or "IP Rights Policy" refers to the De La Salle-College of Saint Benilde Intellectual Property Rights Policy and its amendments. The IP Rights Policy Implementing Rules and Regulations and its amendments, and IP guidelines issued by the IPMC from time to time, form part of the Policy. (a)

3.21. "Trademark" means a distinctive sign, symbol, design, word, letter or other device, including container and packaging, protected by law and used to identify certain goods or services from those of competitors. For purposes of the IP Rights Policy and its implementing rules and regulations, Trademarks or Service Marks refer to the institutional identification marks of DLS-CSB, whether or not registered or applied for Trademark registration with the IPO. (a)

3.22. "Utility Model" means an invention that does not satisfy all the requirements of patentability but has an industrial use.

3.23. "Use rights" is the non-exclusive and royalty-free, perpetual and irrevocable rights of a party to make specified uses of particular works.

3.24. "Work for hire" is work performed by an employee during the course of his/her employment, which is part of the employee's scope of work, or work performed by an independent contractor or consultant which is agreed upon by the parties as "work for hire". The College owns the intellectual property to works for hire. (n)

3.25. "Works" refers to all works of authorship, artistic works, inventions and all other work products to which intellectual property rights may attach.

4. Ownership

4.1. Patent

Rights to Patent shall be owned by the inventor, except in the cases mentioned under article 4.6.

4.2. Copyright

Rights to Copyright shall belong to the author or creator of the work, except in the cases mentioned under article 4.6, or unless otherwise provided in the Policy, or where there is a written document or agreement to the contrary signed by the author or creator of the work. (a)

4.2.1. Instructional materials

Every faculty and associate, by virtue of his/her employment and this policy, grants to the College a non-exclusive, perpetual and royalty-free right to use instructional materials that are:

4.2.1.1. brought by the faculty or associate upon his/her employment with the College, and used during the course of his/her employment; or

4.2.1.2. developed by the faculty or associate during the course of his/her employment with the College.

4.2.2. Administrative works

The College owns any administration manual, guidebook, handbook, computer program or application, and similar works developed by faculty or associate classified in this policy as institutional works, and the intellectual properties attached to these works.

4.3. Trademarks

The College exclusively owns the Trademarks, Service Marks, emblems, taglines, logos, symbols and other marks that it uses and distributes for purposes of institutional identification, whether registered or not. Any use, display and exploitation of the College marks must be expressly authorized by the College and must adhere to the style and usage guidelines issued by the College. (a)

4.4. Student works

4.4.1. Coursework

Works of students submitted as coursework or in compliance to course requirements, and the intellectual property attached to these works are owned by the students, except in the instances enumerated in article 4.6 and as otherwise provided in the Policy, or where there is a written document or agreement to the contrary signed by the student. (a)

4.4.2. Academic Linkages

Academic linkages with institutional partners for purposes of practicum, on-the-job training, Capstone, formal research, and similar undertakings between the College and third parties intended to expose and train students to apply classroom-based knowledge to actual industry practice and advance the total educational experience of students must be supported by a written agreement between the College and the third party, specifying among others, ownership of intellectual properties which may be developed or produced by students in the course of the project. Where the third party requires ownership of any intellectual property developed as one of the conditions of the agreement, students must be sufficiently informed of this requirement and their written confirmation to voluntarily participate and consent to assign their intellectual property rights to the College, or directly to the institutional partner, must be secured prior to commencing any collaborative activity. (a)

4.5. Use rights of faculty and student works

Notwithstanding ownership by the inventor, author or creator of their work under the preceding articles, and unless there is an express agreement to the contrary, the College and any member of the Benildean Community is allowed, without infringing any intellectual property right, free access to and use of faculty and student works found in or made available to the College, to pursue or develop them for educational purposes, subject to the following rules: (a)

4.5.1. College Use Rights

The College is granted a non-exclusive, royalty-free, perpetual and irrevocable right to make limited number of reproductions of faculty and student works, and to disseminate, exhibit, perform and utilize those reproductions for the educational mission of the College, including but not limited to scholarship, exhibition, trainings, accreditation, certification, advancement, alumni relations, sponsorships, promotion and the like; or as an example of faculty or student's work; and for inclusion in its permanent collection or archives.

4.5.2. Faculty use rights

Faculty are authorized to make limited number of reproductions of student works and to disseminate, exhibit, perform and utilize those reproductions for educational purposes and activities of the College. Provided, that the use rights granted to faculty under this article does not extend to their personal use of the work and is co-terminus with the contract of said faculty with the College. (a)

4.5.3. Fair Use of copyrighted work

Any member of the Benildean Community has the right to use Benilde IP as defined under article 4.6 and rule 3.3 or any of the copyrighted works of any other member of the Benildean Community without need of permission from the owner and without infringement of any Copyright, for purposes of criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research and similar purposes, provided that such use is consistent with the criteria for the application of fair use of a copyrighted work under Section 185 of the Code, as amended. (a)

4.5.4. Inventor's right to attribution and integrity of his work

Faculty, associates and students whose works are used in accordance with this article shall receive proper attribution for their work and have the right to the integrity of their work.

The Use Rights as described in this Article also applies to other types of intellectual property rights to such extent applicable. (n)

4.6. Ownership by the College of Intellectual Property

4.6.1. Benilde IP

Except in the specific instances provided in this policy, or where there is an express agreement with, consent granted or waiver by the College, the College owns all Intellectual Property resulting from the invention or work of students, faculty or associates regardless of rank or status, including visitors, guests, consultants and independent contractors, when the invention or work was created, developed or produced under any of the following instances:

4.6.1.1. Using funds provided by the College;

4.6.1.2. With the substantial use of the College resources;

4.6.1.3. In pursuance of their regular duties and responsibilities under a contract with the College;

4.6.1.4. When commissioned by the College and it was agreed that the Intellectual Property shall belong to the College, or created under the direction or control of the College in pursuit of a specific project or purpose, regardless of the source of funds or other resources; (a)

4.6.1.5. When the work is a "work for hire";

4.6.1.6. When the work or invention was developed by the student when he/she received financial support from the College, either in the form of a scholarship, waiver of tuition fees, stipend or allowance, regardless of the amount;

4.6.1.7. When the Intellectual Property to an invention or work was assigned to the College. (a)

4.6.2. Other Benilde IP

Except in the specific instances provided in this policy, or where there is an express agreement with, consent granted, or waiver by the College, the College shall likewise own all Intellectual Property resulting from the invention or work of students, faculty and associates, regardless of rank or status, visitors, guests, consultants and independent contractors, under any of the following instances:

4.6.2.1. The work or invention, despite application of the mechanisms provided under this policy, could not be determined to belong to one or a discrete number of creators, authors or inventors; and

4.6.2.2. Ownership of the work or invention including the Intellectual Property rights thereof were assigned by the creator, author or inventor to the College. (a)

4.6.3. Works funded by institutional partners

For all other works or inventions funded by institutional partners and other external parties, the following rules shall be observed:

4.6.3.1. Where the funding or resources were obtained through the College whether wholly or partially, the College shall negotiate with the institutional partner or external party the ownership of the work, the Intellectual Property rights thereof and royalty sharing, if any, subject to the confirmation of the Chancellor. In this case, the agreement shall bind the institutional partner or external party, the College and the authors, creators or inventors. In the absence of a negotiated agreement, all Intellectual Property of works the funds or resources for which were obtained by the College whether wholly or partially, shall be owned by the College. (a)

4.6.3.2. In other cases where the work or invention was created pursuant to or is a result of a project, contract or agreement, partnership or any other form of linkage between the College and an external party, the College shall negotiate with the external party the ownership of the work and the Intellectual Property rights including royalty sharing, if any, subject to the confirmation of the Chancellor. (a)

4.6.3.3. For articles 4.6.3.1 and 4.6.3.2, and where the institutional partner or external party requires ownership of any intellectual property developed as one of the conditions of the agreement or partnership, or the inventor, author or creator must be sufficiently informed of this requirement and their written consent assigning their intellectual property rights to the College or directly to the institutional partner or external party, as the case may be, must be secured prior to commencing any collaborative activity. (a)

4.6.3.4. Without prejudice to the Use rights reserved to the College and faculty under Art. 4.5, where the funding or resource was obtained without any participation of the College, the agreement between the institutional partner or external party and the author, creator or inventor shall apply. (a)

4.6.3.5. All contracted works by any faculty or associates of the College from third parties must comply with the disclosure requirement under Article 5 of this policy. (a)

4.6.4. Works of consultants and independent contractors

The College shall own the works and the intellectual property rights over works developed or produced by persons not employed with the College, but who are contracted to perform certain work for the College as consultant or independent contractor, unless otherwise specified in the written agreement between the parties or in this Policy. (a)

4.6.5. Consulting activities of College employees

Outside professional activities of employees of the College which contribute to their profession, are significant components of the academic exercise and an effective means for faculty and other researchers to keep abreast of research directions and priorities that exist in private industries. Consulting agreements between employees of the College, and outside entities, are personal agreements to which the College is not a party. However, it shall be the responsibility of the employee to ensure that the terms of external agreements do not create a conflict of interest or conflict of commitment with the College, and are consistent with the employee's obligations on disclosure and assignment of inventions to the College.

The College through the IPMC may issue appropriate guidelines for the protection and recognition of Intellectual Property of the Benilde Community and Benilde IP, created or developed from the application of the provisions under Art. 4.6. (a)

4.7. Waiver by the College of Intellectual Property Rights

4.7.1. Rights to Patent

The College may waive its rights to Patent under the instances enumerated under article 4.6 in favor of the inventor and subject to the agreement, if any, entered into by the College with an institutional partner or other external party, if:

4.7.1.1. The College decides not to file a Patent application or claim ownership of the Patent and the inventor is prepared to do so. It shall be presumed that the College elects not to file a Patent or claim ownership of the Patent if no application is filed within six (6) months from the disclosure of the invention.

4.7.1.2. The waiver would enhance the transfer of technology or its access to the general public;

4.7.1.3. It is appropriate for equity considerations;

4.7.1.4. The waiver does not impair any existing obligations to institutional partners and other external parties (a); and

4.7.1.5. The inventor agrees in writing, that the College shall no longer be involved to further develop the invention, whether financially or in the use of any of its resources.

The considerations under this article shall also apply to the rights of the College to other intellectual properties. (a)

4.7.2. Copyright Ownership

The College may waive Copyright ownership under the instances enumerated under article 4.6, in favor of the author or creator if:

4.7.2.1. It would enhance the transfer of technology or improve the access of the works by the public in general;

4.7.2.2. It does not impair any existing contractual obligations to institutional partners or external parties (a) ; and 1, all waivers by the College of Intellectual Property rights shall be confirmed by the Chancellor. (a)

5. Prior Disclosure Requirements

5.1. Any person covered by this policy who has developed an intellectual property over which the College claims ownership under Article 4 and whether or not the same has potential commercial value, is required to promptly disclose in full all details of the intellectual property to the Intellectual Property Management Center of the College in accordance with this article.

5.2. The mandatory requirement of disclosure under this Article also applies to any person covered by this policy who has developed or is developing a work or invention but is uncertain whether or not the College has a claim of ownership of the intellectual property.

5.3. Disclosure required under this article shall be made by submitting the completed Disclosure Form to the IPMC. (a)

5.4. All exiting members of the DLS-CSB community shall execute a Manifestation that they have submitted full disclosure of any and all intellectual property as required under this policy.

6. Commercialization

6.1 Evaluation

6.1.1. The Intellectual Property Management Center (IPMC) shall evaluate the disclosure forms submitted pursuant to Article 5, to validate the rights of the College to own the intellectual property in accordance with contracts or agreements, this policy and its implementing rules and regulations and related guidelines issued by the College, and applicable laws, and to determine whether the College should protect and/or commercialize the intellectual property. For this purpose, the College may engage the services of experts in the field to assist the College in the evaluation process.

6.1.2. The IPMC shall endeavor to inform the author or inventor of the results of its evaluation and decision within a month from the receipt of the disclosure form.

6.1.3. During the period of evaluation, the author or inventor concerned shall protect the intellectual property from public disclosure.

6.1.4. If it is determined that ownership of the invention or work and/or intellectual property belongs to the College, the author or inventor, upon notice of the College shall assign to DLS-CSB all of his/her right, title and interest in the work or invention in writing, without unnecessary delay. (a)

6.2. Commercialization

6.2.1. In cases where the College owns the intellectual property rights, it shall have the sole discretion to decide on the commercialization or use of the work or invention and related intellectual properties in accordance with the terms of this policy. For such purpose, it is free to enter into such agreements or execute such documents necessary for the commercialization of the intellectual property with third parties.

6.2.2. In the event of commercialization, the College shall make reasonable efforts to inform, and where it deems necessary, consult the author, creator or inventor of the work or invention regarding the plan of action to be taken.

6.2.3. If the College decides to commercialize or use the intellectual property, the author, creator or inventor shall support and cooperate with the College in the process of commercialization, consistent with the terms and conditions of its contractual agreement with the College.

6.3. Profit Sharing

6.3.1. DLS-CSB promotes creativity and innovation among the members of the community, and to encourage participation in this endeavor, any financial benefit from commercialization of Benilde intellectual property shall be shared by the College with the creator, author or inventor. The College reserves the right to modify this provision on profit sharing.

6.3.2. Any profit earned after the deduction of all expenses incurred for the protection, development and commercialization of the intellectual property, shall be shared by the College with the author, creator or inventor of the intellectual property, in the following ratio:

6.3.2.1. 50% to the author/creator/inventor;

6.3.2.2. 15% to the author/creator/inventor's academic program/department/office, to fund research and scholarly activities;

6.3.2.3. 15% to the Intellectual Property Management Center to support its core programs and activities; and

6.3.2.4. 20% to the College's Intellectual Property Fund dedicated to research, creative and innovative endeavors of the College.

6.3.3. The profit sharing percentages may be modified by mutual agreement of the parties.

6.4. IP Guidelines for Evaluation and Commercialization of Benilde IP

The IPMC shall issue the appropriate guidelines for the effective implementation of Article 6 and its related rules and regulations. (n)

7. Intellectual Property Management

7.1. Intellectual Property Management Center

There shall be created, under the Office of the President, an Intellectual Property Management Center (IPMC) lead by the IPMC Director, which shall handle the development and implementation of the Benilde Intellectual Property Rights policy and its implementing rules and regulations. The IPMC shall now be under the Office of the Chancellor. (a)

7.2. Functions and responsibilities

The IPMC shall have the following principal functions and responsibilities:

7.2.1. Inform, educate and guide the Benildean Community about the IP Rights Policy of the College and advocate intellectual property rights in general;

7.2.2. Administer and monitor the implementation of the IP Rights Policy, and in connection therewith:

7.2.2.1. Formulate implementing rules and regulations and from time to time issue specific guidelines to effectively implement the Benilde IP policies.

7.2.2.2. Build capacity, undertake trainings and participate in conferences to keep abreast of Intellectual Property laws and best practices in IP in the academe.

7.2.2.3. Organize and train student IP ambassadors to assist in the promotion of the IP Rights Policy, implementing rules and regulations, and guidelines at the students' level. (a)

7.2.2.4. Administer the funds allocated for the implementation of this policy, including payments derived from commercialization.

7.2.2.5. Document programs and activities, and submit reports to the Chancellor. (a)

7.2.3. Require submission and/or receive disclosures of works and/or inventions, determine ownership of IP in accordance with this policy and evaluate the commercial potential of the works and/or inventions; (a)

7.2.4. Support and assist Benildean inventors, creators and authors in the protection and management of their own works and inventions;

7.2.5. Manage disputes arising from results of the evaluation of disclosures, the interpretation or implementation of the IP Rights Policy or its implementing rules and regulations, related IP laws and rules, and IP guidelines, and assist and provide support services to the ad hoc Dispute Resolution Panel and the IP Management Committee in IP-related disputes or cases. (a)

7.2.6. Develop, maintain and manage the DLS-CSB Intellectual Assets Inventory and Benilde IP portfolio, including technology transfer and licensing agreements, and make recommendations for consideration of the Management on matters affecting intellectual property;

7.2.7. Such other activities necessary and reasonable to perform its principal functions and responsibilities under this policy.

8. IP Offenses

8.1. IP offenses

Non-compliance to and/or violation of any of the provisions of this policy or its implementing rules and regulations is an intellectual property offense and shall be equivalent to a major offense and dealt with under the Students Handbook, the Personnel Manual, the Teaching Faculty Manual and the Academic Service Faculty Manual, as the case may be. (a)

8.2. Penalties

The application of the sanctions under the foregoing rules upon persons found to be in violation of this policy, shall be without prejudice to the imposition of the following penalties:

8.2.1. Ineligibility to receive or forfeiture of financial grants of any kind from the College or its affiliate for a period not to exceed two (2) years;

8.2.2. Removal of teaching and/or research load for a period not to exceed two (2) years;

8.2.3. Forfeiture or disqualification for promotion or for any administrative position for a period of at least two (2) years.

8.3. Other sanctions

The application of the foregoing penalties is without prejudice to other sanctions and penalties that may be imposed under the policies on Academic Integrity and Research Ethics.

9. Dispute Resolution

9.1. Ad hoc dispute resolution panel

9.1.1. There shall be convened a 3-member ad hoc dispute resolution panel to hear, mediate and resolve conflicts or disputes arising from ( i) the determination of ownership of intellectual property, or (ii) the interpretation or implementation of any provision of the IP Rights Policy.

9.1.2. The panel shall be composed of the following:

9.1.2.1. Conflict or dispute involves a Faculty member:

Chairperson: School Dean or Associate Dean

Members: Chairperson of another program

Faculty Association President or designated representative

9.1.2.2. Conflict or dispute involves a Student:

Chairperson: School Dean or Associate Dean

Members: Chairperson of another program

Student Government President or designated representative

9.1.2.3. Conflict or dispute involves an associate with Support

Staff or Administrative Staff classification:

Chairperson: Vice Chancellor, Assistant Vice

Chancellor, or School Dean

Members: Program Chairperson or Center Director

Employee Association Presidentor designated representative.

9.1.2.4. Conflict or dispute involves a Chairperson:

Chairperson: Dean of another School

Members: Program Chairperson of another School

Faculty Association President or designated representative

9.1.2.5. Conflict or dispute involves a Dean or Center Director

Chairperson: Vice Chancellor or Vice President

Members: Another Dean or Assistant Vice

Chancellor

Faculty Association Representative

9.2. Appeals

Appeals from the resolutions of the panel may be filed with the Committee on Intellectual Property.

10. Committee on Intellectual Property

10.1 Composition and term

There shall be constituted a DLS-CSB Committee on Intellectual Property (CIP) composed of the following:

Chairperson:      A Vice Chancellor

Members:           A Vice President

Controller

School Dean or Associate Dean

Director of the Center for Instruction, Research and   Curriculum (CIRC)

IPMC Director (ex-officio member)

The IPMC or the Chairperson may also recommend additional members to sit in the CIP, to be confirmed by the Chancellor.

Members shall have a term of two (2) academic years and their appointment shall be confirmed by the Chancellor. The Chancellor upon the recommendation of the IPMC and in the exercise of his discretion to avoid conflict of interest, to avoid delay or in cases of emergency, may change the composition of the Committee. (a)

10.2 Functions

The Committee shall perform the following principal functions:

10.2.1 Hear and decide appeals from the decisions of the Dispute Resolution Panel.

10.2.2 Review and recommend revisions to the IP Rights Policy or implementing rules for the approval of the Chancellor. (n)

10.2.3 Review proposed amendments to the IP Rights Policy or implementing rules and regulations, for the approval of the Chancellor. (a)

10.2.4 Such other functions affecting Benilde IP rights as may be assigned by the Chancellor from time to time. (a)

11. Final Provisions

11.1. Revision

This policy shall be reviewed and revised by the Committee on Intellectual Property every three (3) years or sooner when necessary, to respond to the changing times. (a)

11.2. Amendment

At any time or for reasons of urgency or necessity, the IPMC or the Committee on Intellectual Property, may initiate and recommend amendments to any of the provisions of the IP Rights Policy or implementing rules and regulations. Any such amendment shall become effective upon the approval of the Chancellor, or at such other time as may be specified by the Chancellor. (a)

11.3. Waiver of IP policies

Upon the endorsement of the Committee on Intellectual Property and the IPMC, the Chancellor of DLS-CSB may waive or modify any or all of the provisions of these intellectual property policies on a case-to-case basis, if a strict application of these policies will not result to fairness and equity, or is contrary to the College's vision-mission, or unjustly defeats the potential for commercialization of the work. An exercise by the Chancellor of this prerogative in one case shall not serve as a precedent to any future or subsequent case. (a)

11.4. Effectivity

The IP Rights Policy shall be approved by the President and shall be effective at such time as may be specified by the President. Revisions, amendments, and subsequent editions of the IP Rights Policy, IRR and related by the Chancellor and shall be effective at such time as may be specified by the Chancellor. (a)

11.5. Distribution and Publication

The IP Rights Policy, IRR, IP guidelines and related policies shall be distributed in print to all centers and offices of the College, and published in the College's intellectual property website. (a)