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Benilde IP

4.6.1 Benilde IP

Except in the specific instances provided in this policy, or where there is an express agreement with, consent granted, release or waiver by the College, the College has the right to own all intellectual property created by students, faculty or personnel 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:

a. Using funds provided by the College;

b. With the substantial use of College resources;

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

d. When commissioned by 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;

e. When the work is a “work for hire”;

f. 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;

Other Benilde IP

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, release or waiver by the College, the College shall likewise own all intellectual property created by students, faculty and personnel regardless of rank or status, visitors, guests, consultants and independent contractors, under any of the following instances:

a. 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

b. Ownership of the work or invention, and/or intellectual property rights thereof has been assigned by the creator, author or inventor to the College.

Works by Outside Entity

4.6.3 Works funded by outside entities

Where the work or invention is funded using external resources or sponsorships 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 sponsor or external party the ownership of the work, the intellectual property rights thereof and royalty sharing, if any, subject to the confirmation of the Vice Chancellor and/or the President of the College. In this case, the agreement shall bind the sponsor, 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.

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 Vice Chancellor and/or the President.

4.6.3.3. For articles 4.6.3.1 and 4.6.3.2, and where the third party requires ownership of any intellectual property developed as one of the conditions of the funding agreement, 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 third party must be secured prior to commencing such activity.

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 sponsor or external party and the author, creator or inventor shall apply.

4.6.3.5. All contracted works by any student, faculty or personnel of the College from third parties pursuant to this article 4.6.3. must comply with the disclosure requirement under article 5 of this policy.

Works of consultants and independent contractors

4.6.4. Works of consultants and independent contractors

The College shall own the works and 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.

Consulting activities of College employees

4.6.5. Consulting activities of College employees

Outside professional activities of College employees that 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 College employees 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 of Benilde Intellectual Property created or developed in consulting activities of College employees.