This procedure defines intellectual property and outlines the responsibilities of the XXX’s employees and key processes in managing the creation, procurement and use of intellectual property rights (IPR).
This procedure outlines what department employees must do to avoid infringing the copyright and IP of others, and meet obligations under the Copyright Act 1957. Intellectual Property (IP) covers a range of intangible property that results from creative and intellectual effort including literary and artistic works, computer programs, databases, film and sound recording, trademarks, and designs. The most common type of IP that departmental employees will create, acquire and/or use in their work is copyright.
Copyright exists in content developed or acquired by the XXX whether for public use or for limited use such as training, as well as in works created or owned by others (i.e. third-party materials) used by the XXX. Copyright is automatic, and creators or owners do not need to register their copyright or display a copyright symbol for their work to be protected. XXX(as the employer) owns the copyright in material created by its employees in the course of their duties unless otherwise agreed between the employer and employee. It does not matter that the employee creates the material (either wholly or in part) outside normal work hours and without using XXX facilities or equipment. Generally, the deciding factor is whether the materials created relate to the employee’s official duties. Creators as an employee of XXX also have moral rights which are additional to copyrights and include the right to attribution, the right against false attribution, and the right to have the integrity of their work respected.
3.1 All employees
- Avoid infringing the IP rights or moral rights of others.
- Use, to the maximum extent possible, third-party materials that have a Creative Commons or a similar open licence to:
- minimise the costs of seeking permission and managing third-party licences
- reduce costs of statutory licences for copying within the organization
- Ensure that copying or adaptation of third-party materials is either permitted or permission has been obtained.
- Ensure all third-party materials in departmental publications are attributed and to any licence conditions.
- Maintain appropriate records of copyright materials created, used or procured in accordance with the XXX’s Handling of Information and other asset policy.
- Comply with the requirements of the statutory and voluntary licences, when copying and communicating third-party materials for purposes of their work.
- Participate in copyright sampling surveys as required to meet statutory licence agreements.
3.2 Copyright team, Information and Governance Management
Provide guides, tools and advice to XXX employees in relation to creation and use of IP, including:
- location and use of Creative Commons, other openly licensed or public domain materials
- finding alternatives, workaround or in-house solutions to using third-party materials
- requesting and managing permissions to use third-party materials (i.e. licences)
- adopting best practice copyright record keeping and management
- Respond to external parties who request permission to copy department works.
- Liaise with the unit who is custodian of the work, to confirm the XXX’s copyright in the materials.
- Ensure records relating to the creation, procurement and use of copyright material are appropriately stored, monitored and maintained.
- Ensure significant IP (e.g. trademarks, published content such as online courses, teaching materials, posters, videos, ebooks, apps) with public, strategic or innovative value is recorded in the XXX’s Intellectual property register
- Company shall respect intellectual property (IP) and conduct its business in compliance with the IP-related laws as applicable in the jurisdiction of Republic of India and its agreements with other companies.
- Company shall actively protect its own IP.
- Company shall maintain an effective system of IP asset management, including maintaining an inventory and records of IP-related assets and agreements.
- Company shall not knowingly infringe a third party’s intellectual property in its products, services, or components, or disclose or use a third party’s trade secrets without the express or implied consent of the owner or as permitted by law.
- Company shall not knowingly purchase or use counterfeit or other infringing goods and services in running its business, including counterfeit trademark goods or infringing copyright material (such as software, publications, video, audio, or other content).
- Company shall document and maintain written records of all substantial transactions and uses that involve the exercise of IP rights. (This includes, for example, licenses or assignments of rights; manufacture, reproduction or distribution of patented, trademarked or copyrighted items; and disclosure and use of trade secrets.)
- Company shall require, through binding policies or agreements with employees and contractors that its personnel comply with the applicable IP laws and the Company’s IP policies and IP-related provisions in agreements with other companies.
- Company shall develop and implement a management system to help ensure that all personnel follow its IP policies. This management system shall encompass all IP-related policies, procedures and adequate and accurate records necessary to implement, measure, and improve Company’s IP protection and compliance program.
5. Using third-party material
All employees seeking to use third-party material must follow these steps:
Step 1: Assess if the material is protected by copyright
- If yes – go to step 2
- If no – go to step 3
Step 2: Assess if the use is permitted or if permission is required
Ensure that copying or adaptation of third-party materials is either permitted or permission has been obtained.
If use is permitted
Some creators permit the use of their work without further permission, as long as the user adheres to their conditions. .
Forward all requests received from third parties, to use the XXX’s owned copyright materials not licensed with a CC licence, to the Information Management team.
If permission is required
If it is not clear that the employee can use the material, then they must request permission (a licence) from the copyright owner in writing.
The copyright owner may give permission under certain conditions, such as payment (licence fee), a time limit (term), and/or a specific attribution. Contact the Copyright team for help with permission requests.
Step 3: Attribute and adhere to any conditions
Ensure all third-party materials in departmental publications are attributed and adhere to any licence conditions.
All third-party materials must be attributed (i.e. acknowledged) in XXX publications (whether print, video, audio or online), even attribution is not a requirement of the licence or the material is in the public domain. An attribution is essential because it tells everyone that copyright in the attributed material is not owned by the XXX.
Adhering to any conditions is essential for use of third-party material to be legal. In addition to attribution, other conditions may include, but are not limited to:
- non-commercial use only
- no derivatives (i.e. no changes or editing)
- share alike (i.e. share under same licence as original)
- remuneration (a licence fee)
- who can access ( publicly available)
- a time limit which states when the licence expires (a licence term)
- the number of copies (e.g. print run) or downloads a person can make.
- Apply an appropriate copyright licence
6. Maintain records for copyright and other IP
Step 1: Record copyright elements used in significant publications
When developing significant assets (e.g. projects, reports, websites, training and professional development materials), the author must record the incorporated copyright elements (e.g. material sourced under open licences, content for which specific permission has been obtained, department-created diagrams and illustrations). The Copyright register template can be used to record copyright elements in an asset.
Step 2: Save and maintain records relating to use, creation and procurement of copyright and other IP
CISO and dept Head must ensure all records relating to copyright and IP are saved in the relevant records management system and materials acquired under limited terms (e.g. a time-limited licence) are monitored and use discontinued when terms expire. Saved records should include any copyright licences, permission emails, contractor agreements, assignment of copyright, MOUs with other organisations, and the copyright register .
Step 3: Record significant copyright or other IP in the department’s IP register
CISO and dept Head must ensure significant IP with public, strategic or innovative value created by their business unit is recorded in the XXX’s Intellectual property register
7. Security And Confidentiality Management
- Company shall maintain physical security designed to effectively protect trade secrets(where applicable) and other confidential information, and IP-related records, masters, tools, inventory and related materials.
- Company shall maintain computer and network security effective for protecting trade secrets, other confidential and proprietary information, and IP related records, and for discouraging violations of Company’s IP policies on the Company’s computers and networks.
- Company and its personnel shall only make trade secrets and other proprietary information available to third parties on a “need to know?? basis, and subject to company procedures and written agreements containing adequate confidentiality and other protections.
- Company shall execute written confidential or Non-disclosure agreements with third parties prior to disclosure of any confidential information of the Company to any third party(ies).
- Any IP generated, created or developed by any of the employees/representatives and agents of the Company and/or consultants engaged by the Company, during the term of their employment or engagement as the case may be, for and/or on behalf of the Company, shall be “work made for hire?? and shall be assigned by such persons to the Company. Further, the Company shall have the sole and exclusive ownership to such IP generated, developed or created unless otherwise agreed by the Company by way of a written contract or as may be applicable by the relevant IP law.
8. Training And Capacity Building
- Company shall provide ongoing appropriate level training on IP protection and management to all relevant personnel.
- Company shall provide specialized training to those personnel responsible for the development and implementation of the IP protection, management, and compliance program
- Company shall provide appropriate level training on IP protection and management for relevant supply chain members.
9. Monitoring And Measurement
- Company shall establish and operate a system to monitor its performance in meeting the Company’s relevant IP policies.
- Company shall incorporate the information gained from the IP compliance team through the monitoring system into the overall evaluation of its departments.
10. Corrective Actions And Improvements
- Company shall maintain a system to track and deal with problems in IP protection, management and compliance found through the monitoring process. The tracking system will identify the corrective action to be taken, the timeline, and the responsible party.
- Company shall develop and implement an annual or other regular improvement plan for IP protection, management, and compliance.
- In case of violation/infringement of any IPR such as trademark infringement by any employee/representative or any third party infringing upon the IPR of the Company, the Compliance Team of the Company would first investigate the matter in association with its Advocates and make recommendations to the Director/CFO for resolution of such violation/infringement including need for any legal course of action.
11. IP Licensing and Transfer
- The Company may license its IP to any of its Subsidiaries, Affiliates or a third party (ies) through various modes of licensing strategy such as: Exclusive licensing, Sole licensing, Non-Exclusive Licensing, Sub-licensing and licensing in general. The Company shall document such IP licensing through a license Agreement where each such license agreement shall define the terms and conditions for the proper use of IP of the Company.
- The Company may transfer its IP to any of its Subsidiaries, Affiliates or a third party (ies) through a signed IP transfer agreement on the conditions as may be deemed to be fit and proper to the Company.
- This Policy shall be governed by the laws of Republic of India and the courts at Pune Maharashtra shall have the jurisdiction to the same.