IP Rights Policy Implementing Rules

1.1. Title. This document shall be known as the "Implementing Rules and Regulations" of the Intellectual Property Rights Policy (IRR) of De La Salle-College of Saint Benilde, 2nd Edition SY 2018-2021." (a)

1.2. Construction. This IRR shall be interpreted liberally and all doubts in the interpretation and implementation of the IP Rights Policy and this IRR shall be determined in favor of recognizing and protecting the intellectual property rights of the owner of the intellectual property, as these terms are discussed in the IP Rights Policy and this IRR. (a)

1.3. Coverage. Upon its approval and effectivity, this IRR shall apply to the following:

1.3.1. Persons: Members of the Benildean Community including -

1.3.1.1. All faculty, whether teaching or in the academic service or both, regardless of status, rank, and contract.

1.3.1.2. All students, graduate and undergraduate, paying and non-paying.

1.3.1.3. All associates, including academic service associate, administrative associate and support associate, regardless of status, rank and contract. (a)

1.3.1.4. All researchers and guests, including visiting professors, exchange students, guest lecturers, consultants, independent contractors under a special contract with DLS-CSB, and institutional partners. (a)

1.3.2. Matters:

1.3.2.1. All intellectual properties defined under Republic Act No. 8293 known as the "Intellectual Property Code of the Philippines" and amendments thereto, and related Philippine laws;

1.3.2.2. All artistic, creative, literary, musical, scientific, technological and innovative undertakings expressed in a tangible form; and

1.3.2.3. All pedagogical, scholarly works, research, including any tangible research properties, 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)

1.3.3. Rights: All types of intellectual property rights recognized under Republic Act No. 8293 known as the Intellectual Property Code of the Philippines and its amendments, related Philippine laws and international treaties and agreements in which the Philippines is a signatory.

1.4. General principles. 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;

▢ 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.

1.5. Purpose. This IRR provides the details and mechanisms for the management, licensing and commercialization of intellectual property in De La Salle-College of Saint Benilde.

1.6. Definition of terms. Unless otherwise specified or the context otherwise requires, the following terms and acronyms shall be given the following meanings:

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

"Assignment" means the transfer by the author in writing of all or a portion of his right, title and interest in the work or invention to another person or entity.

"Benilde intellectual property" or "Benilde IP" refers to the ownership of intellectual property and related rights of De La Salle-College of Saint Benilde under article 4.6 of the IP Rights Policy, or otherwise result from intellectual activities under or through its academic programs including research, and related services.

"Benilde resourcesor "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.

"Code" refers to Republic Act 8293 or the "Intellectual Property Code of the Philippines", including its amendments.

"Commissioned work" means ( i) a work in which intellectual property subsists that the College specifically engages a faculty, 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 substantially similar work rendered for the College for another person entity. (a)

"Committee on Intellectual Property" or "Committee" refers to the committee constituted under article 10 of the IP Rights Policy.

"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)

"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, and amendments thereto.

"College" as used in the IP Rights Policy and this IRR, is used interchangeably with "De La Salle–College of Saint Benilde", "Benilde", or "DLS-CSB".

"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. (a)

"Fair Use" is the of use of copyrighted work without need of permission from the owner and without infringing any Copyright, for a reasonable and limited purpose, and 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)

"Instructional Materials" are materials designed primarily to aid in the instruction of students. These include textbooks, syllabi, handouts and study guides, multimedia presentations using computer software applications and their printout.

"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)

"Intellectual Property Management Center" or "IPMC" is the Center or office created pursuant to article 7 of the IP Rights Policy. (a)

"Inventor" (used interchangeably in this IRR 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.

"Implementing Rules" or "Implementing Rules and Regulations" or "IRR" refer to the rules and regulations implementing the IP Rights Policy of DLS-CSB, including guidelines subsequently issued by the College through the IPMC. (a)

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

"Policy" or "IP Rights Policy" refers to the Intellectual Property Rights Policy of DLS-CSB and its amendments.

"Researcher" refers to any person covered by the IP Rights Policy and these Rules who uses Benilde resources and who performs any research task at DLS-CSB or otherwise participates in any research project administered by the College, including those funded by institutional partners and external parties. (a)

"Standard and customary resources" are those resources commonly provided or made available to similarly situated members of the Benildean Community, and/or do not entail additional expenditure by the College. They include but are not limited to, support such as workspace, library and laboratory facilities, research assistance, ordinary access to College computers and network facilities, secretarial and administrative support associate, and general supplies. In general, for any given department, unit, or individual, what constitutes a standard and customary resource will depend on the functions and responsibilities of that department, unit or individual. In case of students, except in the specific instances provided in the IP Rights Policy, or in the absence of evidence or agreement to the contrary, their academic requirements, participation in academic and non-academic activities and other non-formalized research activities are a normal part of their educational experience and their access to College resources are considered standard and customary. (a)

"Substantial use of College resources" refers to the use of Benilde resources above and beyond the type or level of resources commonly provided to a similarly situated member of the Benildean Community. Substantial use of resources also include the use of College resources that result in additional expenditure by the College, or the use of the College’s proprietary equipment, specialized resources, or other intellectual property owned by the College.

"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 this IRR, Trademarks or service marks refers to the institutional identification marks of DLS-CSB, whether or not registered or applied for Trademark registration with the IPO.

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

"Use Rights" is the non-exclusive, royalty-free, perpetual and irrevocable rights granted by the owner of the intellectual property to make specified uses of particular works.

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

2.1. Disclosure requirement.

2.1.1. Purpose of Disclosure. Disclosure is necessary to properly determine the ownership, enforce protection, and establish rights and obligations of authors, creators and inventors, and to establish mechanisms in opportunities for commercialization of Benilde Intellectual Property ("Benilde IP").

2.1.2. Who must disclose. All inventors of intellectual property covered by these IRR shall disclose promptly to the College all works regarded as Benilde IP or where disclosure is mandated by contract or agreement or by existing laws.

2.1.3. How to disclose. Disclosure shall be in writing using the IP Disclosure Form and submitted to the IPMC. In case of doubt as to whether intellectual property is Benilde IP or not, inventors must comply with Disclosure process under this rule for the determination of ownership.

2.1.3.1. Two or more creators. All inventors are required to accomplish and sign the IP Disclosure Form, describing therein their individual participation and contribution in the work, and the circumstances under which the work was created. (a)

2.1.3.2. Contracted works. Persons holding full time permanent positions in DLS-CSB are expected to devote their efforts to the education of Benildean students and render services to the College for the accomplishment of the College's teaching, research, and service mission, and may not hold another appointment at another learning institution except in connection with Benilde-sponsored joint programs with that institution or other scholarly exchanges of the College, or in other exceptional cases or arrangements approved by the Dean, Vice Chancellor, Chancellor or the President. Ownership of intellectual property over works and inventions created pursuant to a contract between DLS-CSB and an institutional partner shall be primarily governed by the provisions of the contract and in the absence thereof, by the IP Rights Policy and this IRR. (a)

2.1.3.3. Separation from the College. All exiting members of the Benildean Community shall execute an IP Manifestation that they have complied with the Disclosure requirement as mandated under the IP Rights Policy and these rules, as part of their final clearance. (a)

2.1.4. When to disclose. Disclosure shall be made by the inventor at the earliest opportunity possible and not later than thirty (30) days after the invention (whether partial or complete) of the intellectual property and before any disclosure, presentation, display, performance or publication of the work to the public or attempt to distribute or commercialize the intellectual property.

2.1.5. Failure to disclose. Omission or blatant disregard of the requirement to disclose Benilde IP is an intellectual property offense under the IP Rights Policy and shall be dealt with accordingly. Complaints involving IP offenses may be initiated by the IPMC, or any member of the Benildean Community and shall be processed following the appropriate disciplinary or administrative procedures as defined in the Students Handbook, the Personnel Manual, Teaching Faculty Manual and the Academic Service Faculty Manual, as the case may be. (a)

2.2. Determination of Ownership Rights

2.2.1. Ownership determination. The IPMC will review the disclosure form, and applying the provisions of the contract or agreement, if any, the IP Rights Policy and these rules, the Code and applicable laws, shall determine:

2.2.1.1. who is/are the inventors of the work

who owns the intellectual property to the work (a)

with the Vice Chancellor concerned and where applicable, the Dean, shall determine whether the College should acquire protection or pursue licensing or commercialization of the Benilde IP, or waive its rights to the intellectual property in favor of the inventor(s). The following factors shall be considered in making such determination:

2.2.2.1. the agreement of the parties if there is a contract or agreement;

2.2.2.2. the vision-mission of the College; and

2.2.2.3. the potential and benefit of the invention to the public. (a)

2.2.3. Ownership by inventor. Ownership of intellectual property not otherwise owned by the College shall remain with the inventor(s), subject to the limited Use Rights granted to the College under the IP Rights Policy and these rules. (a)

2.2.4. Notice to inventor. The IPMC shall notify the inventor(s) in writing of the College's decision to assert or waive ownership of the intellectual property within one hundred twenty (120) days from disclosure. Within fifteen (15) calendar days from receipt of notice from the IPMC that the IP belongs to the College, the inventor who disagrees with the determination of the IPMC may file a written request for reconsideration with the IPMC, and an ad hoc committee shall be formed in accordance with the provisions of articles 9 and 10 of the IP Rights Policy on Dispute Resolution and rule 11 herein.

2.2.5. Waiver of Benilde IP. If the College elects not to obtain protection or not to commercialize, or to abandon protection or commercialization or disclaim ownership of any Benilde IP within one hundred twenty (120) calendar days from the disclosure of the inventor under rule 2.2.4, ownership of the work shall revert to the inventor, subject to the rights of any institutional partner and the Use Rights granted to DLS-CSB. In cases of Copyright, any waiver by the College of Copyright ownership shall be in writing in favor of the author, where such waiver – (a)

2.2.5.1. is consistent with and in adherence to the vision-mission of the College; or

2.2.5.2. would enhance the transfer of technology or improve the access of the works by the public in general, for the common good; and

2.2.5.3. does not impair any existing contractual obligations of the College to third parties. (a)

2.3. Release of Benilde Intellectual Property

2.3.1. Request for Release of Benilde IP. The inventor may request the College, through the IPMC, assignment to him/her of some or all of the Benilde IP rights by submitting a formal request for a release of the Benilde IP under the following circumstances:

2.3.1.1. If the inventor has been notified by the IPMC of the College's decision not to obtain protection or elects not to commercialize, or to abandon protection or commercialization;

2.3.1.2. If the 120-day period in Rule 2.2.3 has lapsed and the inventor has not received the notice from the IPMC that the College: ( i) disclaims ownership of the Benilde Intellectual Property or (ii) has commenced efforts and continues to take actions to protect or commercialize the Benilde IP. (a)

2.3.1.3. For reasons consistent with the College's vision-mission, and on such other meritorious grounds deemed just and equitable by the Chancellor. (a)

2.3.2. Action to Request for Release. Within ninety (90) calendar days from receiving the request for release from the inventor, the IPMC, upon consultation with the Program Chairperson and Dean or Associate Dean, or Director, or Vice Chancellor or Vice President concerned and the approval of the Chancellor, shall notify the inventor in writing that the College either (a) –

2.3.2.1. waives ownership of the Benilde IP and is willing to execute a release/assignment in favor of the creator, or

2.3.2.2. has elected to assert its ownerships rights and will obtain protection and/or pursue commercialization of the intellectual property. (a)

2.3.3. Documentation, agreements and certifications. The IPMC shall document the release of any Benilde IP to the inventor pursuant to this rule, and execute the appropriate agreements with the inventor setting forth the terms and conditions of the release. The inventor may request for a certification from the IPMC in respect of the inventor's ownership of the intellectual property. (a)

2.4. Effect of Waiver, Abandonment, Assignment or Release of Benilde IP. In the event of waiver or disclaimer, abandonment or release by the College of Benilde IP under this rule, the inventor shall have the right to acquire protection and pursue commercialization including licensing of the intellectual property in the inventor's own name, and at the inventor's own expense. In all instances where there is a waiver, abandonment, assignment or release by the College of Benilde IP, the role and contribution of the College in the work shall be acknowledged by the inventor in all display, distribution or publication of the work, derivative and subsequent works, locally and internationally. (a)

2.5. Intellectual Property Audit

2.5.1. Scope. Within a reasonable period from the effectivity of these rules the IPMC shall undertake an audit and assessment of all intellectual property generated in De La Salle-College of Benilde, and shall evaluate such data to determine and assess the intellectual property portfolio of the College. All schools, departments, offices and units, shall fully cooperate and supply the required information and data within the time period set by the IPMC.

2.5.2. Purpose. Results of the IP Audit shall be presented to the Academic Council and the President's Council for reference.

2.5.3. When conducted. The IP audit shall be conducted every two years from the first audit, or as often as may be required by the Chancellor. (a)

2.6. Issuance of IP Guidelines. The IPMC may from time to time and after consultation with stakeholders of the College, initiate, formulate and recommend additional guidelines, to clarify and/or aid in the proper interpretation and effective implementation of the IP Rights Policy and this IRR. (a)

3.1. General Rule. Rights to Copyright shall be retained by the author or creator of the work, except if the work is regarded as Benilde IP or where there is an express agreement to the contrary. All members of the Benildean Community as covered by Art. 2.1 of this policy shall be required to sign an agreement to adhere to the IP Rights Policy and this IRR prior to undertaking any theses, Capstone project, or research, and similar activities. (a)

3.2. Use Rights. In cases where the rights to Copyright belong to the author or creator of the Work, the College or any member of the Benildean Community is granted, without infringing any intellectual property right, free access to and use of the works, to pursue or develop them for educational purposes, pursuant to 4.6 of the IP Rights Policy. In these cases, the author or creator of the Work must be properly cited in any subsequent work. (a)

3.2.1. College use rights of faculty and students works. The College is authorized to maintain and make limited number of reproductions in print and/or digital/electronic format, of the faculty and students Works found in or made available to the College, including the right to limited and necessary editing for purposes of format or style, and to disseminate or exhibit such Works including uploading online in the College's institutional intranet and internet sites, social media pages, learning information systems, and learning management systems, perform and/or utilize those reproductions for educational purposes, or for scholarship, exhibition, trainings, accreditation, certification, advancement and linkages, alumni relations, sponsorships, promotion and the like; or as a representation of faculty and student work; and for inclusion in its permanent collection, digital library and/or archives. (a)

3.2.2. Faculty use rights of students' works. A faculty of the College is authorized to make limited number of reproductions of their students' works and to disseminate, exhibit, perform and utilize those reproductions for educational purposes or activities of the College, or as an example of a student's work. The use rights of students' works granted to the faculty does not extend to personal use by the faculty, and ends when said faculty is no longer employed or under contract with the College (a).

3.2.3. 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 without need of permission from the owner and without infringing any Copyright, for a reasonable and limited purpose, and 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)

3.3. Benilde Copyright and related rights. Rights to Copyright and related rights shall belong to the College under any of the following circumstances:

3.3.1. using funds directly or indirectly provided by the College;

3.3.2. substantial use of College resources, subject to the following rules:

3.3.2.1. Before using College funds under rule 3.3.1 or substantial use of College resources under rule 3.3.2 to develop a copyrightable work, the author/creator and the College shall enter into a written agreement setting forth the terms of –

a. Copyright ownership;

b. Division of royalties, in case of commercialization;

c. Use, revision and maintenance.

3.3.2.2. Where College funds under rule 3.3.1 or substantial use of College resources under rule 3.3.2 were used to develop a copyrightable work without a written agreement, the College, may, in its discretion, claim Copyright ownership and/or a share of royalties.

3.3.2.3. Written agreements under rules 3.3.1 and 3.3.2. must be endorsed in writing by the head of the office/department, the Chairperson and Dean or Associate Dean, or the Center Director, Vice-Chancellor, Asst. Vice Chancellor or Vice President concerned and the Chancellor, and filed with the IPMC. (a)

3.3.3. when the work was commissioned by the College for the use of the College and the ownership of the intellectual property belongs to the College as agreed upon by the parties, or when the work was 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)

3.3.4. when the work is a "work for hire";

3.3.5. instructional, training, administrative, process or system manuals or modules, guidebooks, handbooks and similar materials in whatever tangible form, created as part of the regularly-assigned duties of a College employee, including those developed under the Faculty Research Program, output of Student-Assistants (SAs) as part of their assigned-duties;

3.3.6. when the work, despite application of the mechanisms provided under the IP Rights Policy and this IRR, could not be determined to belong to one or a discrete number of creators;

3.3.7. when the author or creator of the work cannot be determined after the College announced to the community the existence of such work, and despite exerting reasonable efforts no one claims ownership over the work after sixty (60) days from notice;

3.3.8. in case of students works, the work was created, developed or produced when the student received financial support from the College either in the form of scholarship or waiver of tuition fees (full or partial), stipend or allowance regardless of the amount, as a grantee of a special fund from or managed by the College or its subsidiaries, or where there was substantial use by the student of College resources above and beyond what is normally allocated to students; (a)

3.3.9. ownership of the work and/or Copyright thereof has been assigned by the author or creator to the College; and

3.3.10. other cases analogous to the foregoing.

3.4. Multiple authors or creators. In case of multiple authors or creators, ownership of the right to Copyright shall be determined by the agreement of the parties. In the absence of stipulation, the IPMC may assist the parties in determining their respective ownership in the work upon compliance to Disclosure requirements. In case the authors or creators cannot agree or their specific contributions were not determined, they shall be considered to have equal shares in the ownership of the intellectual property.

3.5. Copyrighted works funded by institutional partners

and third parties. (a)

3.5.1. Works covered by agreements between author/creator with third parties. If the work was created or developed pursuant or related to an undertaking covered by an external agreement between the author or creator and a third party using funding or sources obtained without any participation of the College, the terms of the agreement between the author or creator and the third party shall apply.In the absence of any contrary provision in the agreement, these policies shall apply to externally funded or sponsored research.

3.5.2. Works funded through the College. Where the funding or source was obtained through the College whether wholly or partially, the following rules shall be observed:

3.5.2.1. The College shall negotiate with the institutional partner the terms with respect to the ownership of the work, the intellectual property rights thereof, and royalty sharing if applicable. (a)

3.5.2.2. The agreement shall bind the institutional partner, the College and the participating authors, creators or inventors. In the absence of a negotiated agreement, all intellectual property of works the funds for which were sourced by the College whether wholly or partially, shall be owned by the College. (a)

3.5.2.3. In any invention, work or creative undertaking funded through the College, participating authors, creators or inventors must be informed prior to their participation of the terms and conditions of the ownership of intellectual property, and when required by the terms of the agreement, shall expressly assign any and all of their intellectual property rights to the College prior to the start of any work or undertaking.

3.6. Students Works.

3.6.1. General Rule. Works of students which are submitted as class assignments and coursework, including theses and Capstone projects are owned by the students for as long as they are not regarded as Benilde IP under article 4.6. of the IP Rights Policy and 3.3. of these rules. Notwithstanding Copyright ownership by the students of their work, the College or any member of the Benildean Community is granted Use Rights under article 4.5 of the IP Rights Policy and rule 3.2 of this IRR, and may exercise rights to fair use. In any exercise of Use Rights, the author or creator shall be properly cited in any subsequent work. (a)

3.6.2. Mentoring and student advising. Students retain rights to Copyright to their work wherein College faculty or associate provided customary mentoring or advising as part of their regularly-assigned duties. Otherwise, and where the mentor's/adviser's contribution is considered to be above and beyond what is expected and customary for mentoring and advising as College faculty or associate, and where such contribution was substantial and pivotal to the development of the student's work, to establish any co-ownership or shared rights to the work and/or the intellectual property to the work the faculty or associate and the student must voluntarily enter into an agreement specifying the ownership of the intellectual property including any assignment, and any sharing of royalties accruing to the authors/creators in the event of commercialization. In the absence of such agreement or any other proof to the contrary, the student will be considered to own the Copyright to the work. In cases of Benilde IP, the faculty or associate acting as mentor/adviser and the student concerned shall specify in writing their respective contributions to the work following the Disclosure procedures, noted by the Program Chairperson and Dean. The students, faculty and/or associates must be properly cited for their contribution to the work. (a)

3.6.3. Academic linkages. Academic linkages for purposes of practicum, on-the-job training, Capstone, formal research, student exchange, student mobility and other forms of internationalization, and similar undertakings between the College and institutional partners and other external 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 institutional partner or external party, specifying among others, ownership of intellectual properties which may be developed or produced by students in the course of the project. Where the institutional partner or external 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 or external party must be secured prior to commencing such activity. (a)

3.7. Faculty Works. The faculty will continue to hold Copyright for original works of authorship that are developed in their roles as teachers and scholars including material such as books, workbooks, study guides, handouts, music and performances, and other literary, scholarly, and artistic works, for as long as they are not regarded as Benilde IP under article 4.6 and 3.3. of these rules. Notwithstanding Copyright ownership by the faculty of their work, the College or any member of the Benildean Community is granted Use Rights pursuant to article 4.5 of the IP Rights Policy and 3.2 of this rules, and subject to the principles of fair use. In any exercise of Use Rights, the author or creator shall be properly cited in any subsequent work.

3.8. Research. The College administers research programs intended to promote and nurture a culture of research in the institution, and grants incentives to members of the Benildean community who pursue high-quality and meaningful research undertakings. The right to Copyright for formal research work shall remain with the author, subject to Use Rights and fair use. Provided, that for research covered under the research programs of the College, or awarded with research grants or incentives from or through the College, the following shall be complied with:

3.8.1. their primary or sole affiliation, as the case may be, of the research proponents/presenters/awardees must be De La Salle-College of Saint Benilde;

3.8.2. a copy of the final output must be submitted to the College;

3.8.3. properly acknowledge De La Salle-College of Saint Benilde in the first and subsequent publications, written or online, and public exhibitions of the final output;

3.8.4. participate in the research colloquium of the College.

3.9. Consultants and Independent Contractors.

3.9.1. Consultants and independent contractors of the College. Unless otherwise specified in writing or under commissioned works, the College shall own the works and intellectual property rights to works developed or produced by persons who are contracted to perform certain work for the College as consultant or independent contractor, where the work or invention results directly or indirectly from contractual obligations. In cases of "commissioned works" where the ownership of the intellectual property rights is retained by the Consultant or Independent Contractor, the Consultant or Independent Contractor agrees not to create the same work or a substantially similar work rendered for the College for another person entity.(a)

3.9.2. Consulting activities of Benildean employees. Outside professional activities of College employees that contribute to their profession is a significant component 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. The College will not claim rights to Copyright provided the following rules are observed:

3.9.2.1. that the terms of external agreements do not create a conflict of interest or conflict of commitment with the College;

3.9.2.2. the external agreement is consistent with the employee's obligations on disclosure and assignment of inventions to the College;

3.9.2.3. College resources were not utilized by the employee.

4.1. Copyrighted work. Original intellectual creations in the literary and artistic domain are copyright protected from the moment of their creation and expression in a tangible form.

4.2. Deposit of copyrighted work. Registration and deposit of copyrighted work with the National Library, Intellectual Property Office of the Philippines or the Supreme Court is a prima facie evidence of Copyright ownership.

4.2.1. Who may file. The owner or assignee of the Copyright, whether DLS-CSB, the faculty, associate or student, may request the assistance and guidance of the IPMC in writing, in applying for Copyright registration with the National Library or the Intellectual Property Office of the Philippines, or the Supreme Court, as applicable. (a)

4.2.2. Costs of application. Where the Copyright is owned other than by the College, all fees and expenses related to the application of the owner seeking assistance from the IPMC shall be borne by the owner. The IPMC may impose reasonable service fees, which fees shall be approved by the Chancellor. In case of Benilde IP or in cases where the author or creator assigns the intellectual property to the College wholly, the College will bear the costs of the expenses, and pro-rata with the author/creator in cases of partial assignment. (a)

4.2.3. Royalties. Where the author/creator assigns the Copyright to the College, the College may share royalties to the author/creator in the event there is commercialization of the intellectual property and such commercialization has revenue potential to the College, in accordance with article 6 of the IP Rights Policy and rule 9. (a)

4.2.4. Data, information and documents. Where the owner of the intellectual property other than the College seeks the assistance of the IPMC in Copyright application, the owner shall cooperate with and submit all necessary documents and complete all forms required by the IPMC related to the application.

5.1. General Rule. Rights to Patent shall belong to the inventor of the work except if the work is regarded as Benilde IP under rule 5.3.

5.2. Use Rights. In cases where the rights to Patent belong to the inventor of the work, the College or any member of the Benildean Community is granted Use Rights, pursuant to article 4.5 of the IP Rights Policy.

5.3. Benilde Inventions. Rights to Patent shall belong to the College, where the invention was developed under any of the following circumstances:

5.3.1. as part of the regularly-assigned duties of the inventor, including those developed by Student Assistants (SAs) and/or Student-Trainees, as part of their regularly-assigned duties;

5.3.2. using funds directly or indirectly provided by the College, or funds administered by or through the College;

5.3.3. substantial use of College resources;

5.3.4. 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)

5.3.5. when the work is a "work for hire";

5.3.6. when the invention, despite application of the mechanisms provided under the IP Rights Policy and this IRR, could not be determined to belong to one or a discrete number of inventors (a);

5.3.7. when the inventor of the work cannot be determined after the College announced to the community the existence of such invention, and despite exerting reasonable efforts no one claims ownership over the work after sixty (60) days from notice;

5.3.8. in case of students works, the invention was developed when the student received financial support from the College either in the form of scholarship or waiver of tuition fees (full or partial), stipend or allowance regardless of the amount;

5.3.9. ownership of the invention and rights to Patent thereof has been assigned by the inventor to the College.

5.4. Inventions funded by outside entities.

5.4.1. Inventions covered by agreements between inventor and third parties. If the patentable invention was created or developed pursuant or related to an undertaking covered by an external agreement between the inventor and a third party using funding or sources obtained without any participation of the College, the terms of the agreement between the inventor and the third party shall apply. In the absence of any contrary provision in the agreement, the IP Rights Policy and IRR and relevant IP Guidelines of DLS-CSB shall apply to externally funded or sponsored research. (a)

5.4.2. Inventions funded through the College. Where the funding or resource for the development of the patentable invention was obtained through or administered by the College whether wholly or partially, the terms of the agreement between the College and the institutional partner or external party with respect to the ownership of the invention, the intellectual property rights thereof and royalty sharing shall prevail. In this case, the agreement shall bind the institutional partner or external party, the College and inventors. In the absence of a negotiated agreement, all intellectual property of inventions the funds for which were sourced or administered by or through the College whether wholly or partially, hall be owned by the College. (a)

5.5. Student works.

5.5.1. General Rule. Inventions of students submitted as class assignments or in compliance to course requirements are owned by the students for as long as they are not regarded as Benilde IP under article 4.6 of the IP Rights Policy. Notwithstanding ownership by the students of their work, the College or any member of the Benildean Community is granted, without infringing any intellectual property right, free access to and use of the works, to pursue or develop them for educational purposes, pursuant to article 4.5 of the IP Rights Policy. In these cases, the inventor of the work must be properly cited in any use or exhibition of the work. (a)

5.5.2. Mentoring and student advising.

5.5.2.1. Students retain rights to Patent to their inventions wherein College faculty, associates or consultants, as mentors or advisers, provided customary mentoring or advising as part of their regularly-assigned duties.

5.5.2.2. Where the mentor's/adviser's contribution is considered to be above and beyond what is expected and customary for mentoring and advising, and such contribution is substantial and pivotal to the development of the student's work, the mentor / adviser and the student must voluntarily enter into an agreement to establish any co-ownership rights or shared rights to the work and/or the intellectual property to the work, other terms and conditions in case of further development, assignment of rights, attribution, and sharing of royalties accruing to the inventors in the event of commercialization with revenue potential. The agreement and a Disclosure must be submitted to the College. In the absence of such agreement or any other proof to the contrary, the student will be considered to own the rights to Patent to the work.

5.5.2.3. In cases of Benilde IP, the faculty / associate / associate acting as mentor / adviser and the student concerned shall specify in writing their respective contributions to the work following the Disclosure procedures, noted by the Program Chairperson and Dean, prior to the mentoring or advising engagement. (a)

5.5.3. Academic linkages. Academic linkages for purposes of practicum, on-the-job training, Capstone, formal research, student exchange, student mobility and other forms of internationalization, and similar undertakings between the College and institutional partners or external 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 institutional partner or external partners, specifying among others, ownership and use of intellectual properties which may be developed or produced by students in the course of the project. Where the institutional partner or external 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/external party must be secured prior to commencing such activity. (a)

5.6. Consultants and Independent Contractors.

5.6.1. Consultants and independent contractors of the College. Unless otherwise specified in writing or under commissioned works, the College shall own the invention and the intellectual property rights to Patent over the works of persons not employed with the College and who are contracted to perform work for and render service to the College related or resulting to the invention, as a consultant or independent contractor. In cases of "commissioned works" where the ownership of the intellectual property rights is retained by the Consultant or Independent Contractor, the Consultant or Independent Contractor agrees not to create the same work or a substantially similar work rendered for the College for another person entity.(a)

5.6.2. Consulting activities of Benildean employees. Outside professional activity of College employees that contribute to their profession is a significant component 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. The College will not claim rights to Patent provided the following rules are observed:

5.6.2.1. that the terms of external agreements do not create a conflict of interest or conflict of commitment with the College;

5.6.2.2. the external agreement is consistent with the employee's obligations on disclosure and assignment of inventions to the College;

5.6.2.3. College resources were not utilized by the employee.

6.1. Who may file. The owner of the invention, whether DLS-CSB, faculty, associate or student, may request the assistance and guidance of the IPMC in the drafting and filing a Patent application. (a)

6.2. Costs of application. Where the right to Patent belongs to the inventor, all fees and expenses related to the application for Patent shall be borne by the inventor. The IPMC may impose reasonable service fees to cover filing costs and expenses, which fees shall be approved by the Chancellor. In case of Benilde IP or in cases where the inventor assigns the intellectual property to the College wholly, the College will bear the costs of the application, and pro-rata in cases of partial assignment. (a)

6.3. Royalties. Where the inventor assigns the intellectual property rights to the College, the provisions of article 6 of the IP Rights Policy in relation to rule 9 shall apply in case royalties are generated from commercialization. (a)

6.4. Data, information and documents. Where the owner of the invention seeks the assistance of the IPMC in applying for a Patent, the owner shall cooperate with and submit all necessary documents and complete all forms required by the IPMC related to the Patent application.

6.5. Prior art search. Before submitting the data, information and documents required in rule 6.4, the owner must make a prior art search to ensure that his/her invention is novel.

6.6. Patent application with IPO Philippines. The IPMC may assist inventors and owners of inventions in filing Patent applications with the IPO Philippines. When necessary in the interest of time and to access Patent resources, the IPMC may also engage the services of accredited Innovation and Technology Support Services (ITSOs), Patent agents and law firms to conduct the drafting and filing of Patent applications under this rule.

7.1. Benilde marks. The Trademarks and service marks covered by the IP Rights Policy and this IRR refer only to the institutional identification marks of the College, including Trademarks or service marks relating to its educational programs and services, and related goods distributed, whether or not registered or applied for registration with the IPO Philippines. These include names, taglines, signs and symbols, and other distinguishing marks adopted in connection with College activities and events. (a)

7.2. Use of Benilde marks. Benilde marks shall be used only with the express permission of the College and in accordance with the usage policy of the College.

7.2.1. License Agreements with institutional partners and external parties. Benilde schools, offices, departments, units, faculty, associates and students shall inform and consult the IPMC before entering into any agreement allowing institutional partners or external parties to use Benilde marks for whatever purpose. In case of commercial use, the IPMC shall determine and make recommendations on the imposition of royalties on products and services bearing Benilde marks and used under license from the College. Royalties from licensing agreements shall be utilized in accordance with the provisions of rule 9. (a)

7.2.2. Internal Use of Benilde marks. The use of Benilde marks by any member of the Benildean Community for educational purposes and related activities of the College shall be consistent with the usage policy and institutional style guide for Benilde marks. (a)

8.1. Assignment of Royalties. In case of commercialization of Benilde IP where profits are realized and unless there is a written agreement or policy to the contrary, upon the recommendation of the IPMC the College through the Chancellor may assign royalties earned from Benilde IP to the author/creator/inventor in accordance with article 6 of the IP Rights Policy and subject to rule 9 of this IRR. (a)

8.2. Assignment of IP Rights. In cases of Benilde IP, upon the recommendation of the IPMC the College through the Chancellor, may, at its own discretion, assign the rights of ownership to intellectual property to the inventor or to any third person in writing, and signed by the Chancellor representing the College as assignor, and the inventor or third person as assignee. No assignment shall be effective as against the College unless there is an agreement in writing. (a)

8.3. Assignment of IP to the College. In cases of Benilde IP, the author/creator/inventor shall execute a deed of assignment of intellectual property rights together with the disclosure form required under rule 2. The author/creator/inventor shall cooperate and assist the College in the application for protection, including submission of the necessary documentation and agreements to clearly declare the ownership of the Intellectual Property pursuant to the IP Rights Policy, this IRR and relevant guidelines. (a)

8.4. Costs of Protection. DLS-CSB shall shoulder the costs for protection of Benilde IP, unless there is a written agreement to the contrary such as in cases of externally-funded works through the College. In the event of commercialization where revenues are realized, the College shall be entitled to reimbursement for the costs of protection in accordance with article 6 of the IP Rights Policy and rule 9. (a)

8.5. Commercialization and licensing. The IPMC shall evaluate the feasibility of any Benilde IP for commercialization and submit its recommendations to the Chancellor for approval. The author/creator/inventor shall assist and cooperate with the College in the possible commercialization of any Benilde IP, including identifying parties having an interest in using, developing, or commercializing Benilde IP.(a)

9.1. General Policy. DLS-CSB promotes creativity and innovation among the members of the community, and to encourage participation to this endeavor, any financial benefit from commercialization of intellectual property will be shared by the College with the creator, author or inventor. The College reserves the right to modify this rule on profit sharing in accordance with article 6 of the IP Rights Policy. (a)

9.2. Profit-sharing. The terms of the agreement of externally-funded works and inventions, or the terms of the agreement between the College and the author/creator/inventor shall apply with respect to the sharing of profits. In the absence of any agreement, gross income generated from commercialization of Benilde IP shall be distributed according to the following order:

9.2.1. To pay or reimburse the expenses incurred by the College for the management, protection and commercialization of the intellectual property;

9.2.2. After deducting expenses in rule 9.2.1. fifty percent (50%) of the revenue shall be granted to the author/creator/inventor;

9.2.3. The remaining income after deductions under rules 9.2.1 and 9.2.2 shall be distributed as follows:

a. fifteen percent (15%) to the author/creator/inventor's academic program/department, or office, as the case may be, to support research, scholarly and innovative endeavors;

b. fifteen percent (15%) to the Intellectual Property Management Center to fund the management, protection, prosecution, maintenance and commercialization of Benilde IP, and to support continuing IP education and awareness programs in DLS-CSB; and

c. the remaining twenty percent (20%) shall be set aside and deposited to an Intellectual Property Fund at the College to be dedicated for research, creative and innovative programs and activities of the College.

9.3. Multiple Authors/Creators/Inventors. In the absence of any written agreement between and among multiple authors/creators/inventors with respect to their sharing of revenues from commercialization of Intellectual Property, royalties shall be shared equally among them.

10.1. General Functions. The Intellectual Property Management Center (IPMC) is hereby created under the Office of the President pursuant to article 7 of the IP Rights Policy, with oversight of the Office of the Vice Chancellor for Academics during its initial year of operation or as deemed necessary by the President. The IPMC shall manage the development, protection, registration and licensing of all Benilde intellectual property, and shall administer the IP Rights Policy and this IRR. The IPMC shall now be under the Office of the Chancellor. (a)

10.2. Specific Functions. The IPMC shall have the following functions and responsibilities:

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

10.2.2. Administer and monitor the implementation of the IP Rights Policy, and in connection therewith (a):

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

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

10.2.2.3. Organize and train student IP ambassadors to assist in the promotion of the IP Rights Policy and IRR at the students' level. (a)

10.2.2.4. Administer the funds allocated for the implementation of the IP Rights Policy, including any share in the proceeds of commercialization, in accordance with the duly approved plans and programs of the office. (a)

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

10.2.3. 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;

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

10.2.5. Manage disputes arising from the evaluation of disclosures, the interpretation or implementation of the IP Rights Policy, this IRR and related rules, 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)

10.2.6. Develop, maintain and manage the DLS-CSB Intellectual Assets Inventory and manage the Benilde IP portfolio, including Copyright, Trademarks, Patents, technology transfer and licensing agreements, and make recommendations for consideration of the Management on matters affecting intellectual property, and in this connection:

10.2.6.1. Draft, file and process applications for registration of Benilde IP with the Intellectual Property Office (IPO) of the Philippines and where necessary, international IP offices;

10.2.6.2. Advise authors/creators/inventors, Deans, Vice-Chancellors, office managers and directors, on intellectual properties developed in their respective areas, and the application of the IP policies of the College to these works.

10.2.6.3. Oversee linkages and opportunities for innovation and commercialization of IP in cooperation with the Office of the Vice President for Advancement and Academic Linkages unit. (a)

10.2.6.4. Collaborate with internal and external stakeholders, negotiate and manage all contracts and agreements with respect to the College IP assets, including licensing agreements;

10.2.6.5. Discuss and negotiate with DLS-CSB inventors and authors on the development of independently owned technologies if determined to be with commercial potential, for purpose of registration, licensing or joint venture arrangements;

10.2.7. To conduct such other activities necessary and reasonable to perform its principal functions and responsibilities under the IP Rights Policy and IRR, or as may be directed by the Chancellor. (a)

10.3. IPMC Director

10.3.1. General Functions. The Director of the IPMC shall be primarily responsible for the effective and efficient operation of the IPMC, and implementing and enforcing the IP Rights Policy, this IRR, and IP guidelines. (a)

10.3.2. Specific Functions. The specific functions of the Director of the IPMC include the following:

10.3.2.1. Evaluate the works disclosed by authors and determine the IP rights in accordance with the IP Rights Policy and this IRR. (a)

10.3.2.2. Manage the preparation of agreements, forms, and other documents necessary to facilitate the registration of IP rights, assignments, licensing and technology transfer.

10.3.2.3. Register Benilde IP with the Intellectual Property Office of the Philippines (IPOPhil) on behalf of DLS-CSB.

10.3.2.4. Advise authors/creators/inventors, Deans, Vice-Chancellors, office managers and directors, on the management of intellectual properties developed in their respective areas, and the application of the IP policies of the College to these works.

10.3.2.5. Initiate, and in coordination with the pertinent offices and persons of DLS-CSB, execute plans and programs for the effective implementation of the IP Rights Policy and its IRR. (a)

10.3.2.6. Recommend amendments to the IP Rights Policy and implementing rules, and formulate supplemental rules and guidelines. (a)

10.3.2.7. Supervise and monitor IPMC associates, and guide student IP ambassadors. (a)

10.3.2.8. Coordinate with and submit recommendations to the Office of the President, Office of the Chancellor, Committee on Intellectual Property, Vice Chancellors and other pertinent offices of DLS-CSB, for the effective integration of IP policies in the academics and over-all operations of the DLS-CSB. (a)

10.3.2.9. Perform such other functions and activities necessary and reasonable to allow the IPMC to fulfill its general and specific functions, or as may be directed by the Chancellor. (a)

10.4. The Committee on Intellectual Property (CIP).

10.4.1. Composition and term. The Committee on Intellectual Property shall be composed of the following:

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

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)

10.4.2. Decision of the CIP. The members shall endeavor to decide appeals by consensus, taking into consideration the vision-mission of the College and policy objectives of the IP Rights Policy. The IPMC Director shall not vote, but shall sit in the CIP as a resource person. Decisions of the CIP may be brought to the Chancellor on final appeal. (a)

10.4.3. Functions. The CIP shall perform the following functions:

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

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

10.4.3.3. Review proposed amendments or initiate amendments to the IP Rights Policy or IRR, for the approval of the Chancellor. (a)

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

11.1. Ad Hoc ispute Resolution Panel. The IPMC shall constitute the Ad Hoc Dispute Resolution Panel within seven (7) days from the receipt of a written request for reconsideration from the inventor pursuant to rule 2.2.4 or as soon as practicable, and in other cases where there is a conflict or dispute arising from the interpretation or implementation of the IP Rights Policy, IRR, and related rules, including but not limited to issues affecting ownership of IP. (a)

11.2. Composition. The IPMC shall convene a 3-member ad hoc dispute resolution panel composed of the following:

11.2.1. Conflict or dispute involves a Faculty member:

Chairperson: School Dean or Associate Dean

Members: Chairperson of another program, Faculty Association President or designated representative

11.2.2. Conflict or dispute involves a Student:

Chairperson: School Dean or Associate Dean

Members: Chairperson of another program, Student Government President or designated representative

11.2.3. 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. (a) to the basic requirements of due process, the Panel shall implement such procedures, and require the submission of documents and evidences it may deem necessary to resolve the dispute or conflict within a reasonable time.

11.4. Findings of the ad hoc panel. The written findings of the Ad Hoc Dispute Resolution Panel including recommendations shall be provided to the party requesting for reconsideration under rule 2.2.4. or to the parties to the dispute or conflict, and the IPMC.

11.5. Appeals. Decisions of the Dispute Resolution Panel may be appealed to the Committee on Intellectual Property within fifteen (15) days from receipt of the Panel's decision. Otherwise, the decision of the Panel shall be deemed final.

12.1. General policy on confidentiality and non-disclosure. To protect the rights of inventors and researchers and preserve opportunities for IP registration and commercialization, every person covered by the Intellectual Property Rights Policy of DLS-CSB is duty-bound to maintain the confidentiality of all information affecting research and inventions including processes and information within the College that are necessary to protect Benilde IP. In case of doubt as to the nature of the information, the party concerned should treat the information as confidential and refrain from unauthorized disclosure, and immediately seek advice from his/her respective Chairperson, or Dean, or Director, Vice Chancellor or Vice President, or the IPMC before disclosing any information to any other party. (a)

12.2. Use of non-disclosure agreement. All members of the Benildean Community participating in any research, invention, and other types of innovative activity where there may be proprietary, confidential, trade secret and any other important information should exercise diligence in disclosing information and accomplish a Non-Disclosure Agreement or Confidential Disclosure Agreement. In case of breach of the agreement, the other party may be entitled to seek financial and other compensation.

13.1. Offenses. De La Salle-College of Saint Benilde recognizes and respects the exclusive rights of authors, creators and inventors to their intellectual assets, and undertakes to protect the rights of the owners of intellectual property against violations of intellectual property rights, such as:

13.1.1. Unauthorized reproduction, including photocopying or any manner of copying, exhibit, use, or distribution, of any printed matter in whole or in part, including software and multimedia presentations, without permission of the author/creator/owner of the intellectual property, subject to the Use Rights under the IP Rights Policy, fair use principles for copyrighted works, and other exceptions provided in the Code. (a)

13.1.2. Use, distribution, transfer, rental, sale or production of counterfeit, unlicensed or pirated intellectual property contained in an optical media as defined in the Optical Media Act of 2003 (Republic Act 9239).

13.1.3. Deliberate failure to comply with the Disclosure and Manifestation requirements under these rules.

13.1.4. Failure to disclose, identify or cite co-authors, co-creators or co-inventors in a research, creative work or invention despite knowledge of the identities and contributions of these persons.

13.1.5. Unauthorized use, distribution, transfer, rental, sale or production of Benilde IP, and merchandise bearing Benilde marks.

13.1.6. Non-compliance to the usage policy and institutional style guide for Benilde marks. (a)

13.1.7. Plagiarism and acts constituting academic dishonesty.

13.1.8. Violation of the rights to attribution and integrity of the work of authors, inventors and creators in exercising Use Rights and fair use.

13.1.9. Failure of any person to cite or acknowledge De La Salle-College of Saint Benilde in inventions and works developed or produced with the substantial use of College resources, or receiving grants or incentives from or funded through the College, or when the College assigned, released or waive its intellectual property rights in favor of such person.

13.1.10. Knowingly aiding or abetting anyone, or failure to report anyone who commits Intellectual Property offenses.

13.1.11. Violation of the provision on Confidentiality under rule 12.

13.1.12. All other acts analogous to the foregoing.

13.2. Procedure and Penalties

13.2.1. A violation of any of the provisions of the IP Rights Policy or its Implementing Rules, or commission of an Intellectual Property Offense under rule 13 shall be equivalent to and processed as a major offense under the Students Handbook, the Personnel Manual, the Teaching Faculty Manual and the Academic Service Faculty Manual, as the case may be. (a)

13.2.2. The injured party, or any member of the Benildean community with personal knowledge of the commission of IP offenses, or who has received written information about the commission of an IP offense shall report such violation in writing to the IPMC. The IPMC shall verify the report and if there is basis to file a complaint, the IPMC shall endorse the filing of the complaint to the Office of the Vice Chancellor for Academics, the Human Resource Department, or the Office of the Student Behavior, as the case may be. (a)

13.2.3. The application of the sanctions of the College upon persons found to be in violation of the Policy, shall be without prejudice to the imposition of the following penalties:

13.2.3.1. 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;

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

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

13.2.3.4. Such other sanctions or penalties as may be recommended by the IPMC and affirmed by the Chancellor. (n)

13.2.3. The application of the foregoing penalties is without prejudice to other sanctions and penalties which may be imposed under the policies of the College on Academic Integrity and Research Ethics, and to the right of the injured party to avail of other remedies and reliefs under the law.

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)

15.1. Revision. The Intellectual Property Rights Policy shall be reviewed and revised by the Committee on Intellectual Property every academic three (3) years or sooner when necessary, to respond to the changing times. (a)

15.2. Amendment. At any time or for reasons of urgency or necessity, the IPMC or the Committee on Intellectual Property, may initiate and recommend, or act upon written proposals of members of the Benildean community to amend any of the provisions of the IP Rights Policy or IRR. Any amendment shall become effective upon the approval of the Chancellor, or at such other time as may be specified by the Chancellor, and deemed incorporated in the existing IP Rights Policy and IRR. (a)

16.1. Application of this IRR. These rules shall not adversely affect the rights already acquired in good faith before its affectivity.

16.2. Repealing Clause. All policies, rules and issuances or portions of policies, rules and issuances inconsistent herewith, are hereby repealed.

16.3. Separability Clause. Any provision of this IRR or the application of any of the provision which is held invalid, shall not affect the remainder of the IRR which shall remain valid and effective.

16.4. Effectivity. The IRR shall be approved by the President and shall be effective at such time specified by the President. Revisions, amendments, and subsequent editions of the IRR shall be approved by the Chancellor. 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)