Intellectual Property
Policy of the Belarusian National Technical University
I. _ General provisions
The policy in the field of intellectual property (hereinafter referred to as IP) of the Belarusian National Technical University (BNTU) is a strategic document that defines the goals of BNTU in the field of IP, establishes the basic principles for the distribution of rights to intellectual property objects (hereinafter referred to as OIP) created at BNTU, and See also the basics of IP management.
The policy in the field of IP of BNTU is aimed at implementing a unified approach to making management decisions in relation to intellectual property, ensuring the uniform application of the legislation of the Republic of Belarus and acts of international law in the field of IP.
The IP policy of BNTU has been developed taking into account the legislation of the Republic of Belarus and acts of international law in the field of IP, as well as the practice of managing IP in BNTU.
Certain issues of implementing the IP Policy are specified (regulated) in the relevant local legal acts of the BNTU. Local legal acts of the BNTU in the field of IP must comply with the IP Policy of the BNTU.
II . Objectives of the IP Policy
The objectives of the BNTU IP Policy are:
- improving the efficiency of management of IS BNTU, incl. ensuring the creation and use (commercialization) of intellectual property with the achievement of results in accordance with the public interest;
- achieving a balance of interests of authors of intellectual property objects, BNTU, government customers and other persons based on the requirements of fairness, economic efficiency and the unhindered dissemination of scientific knowledge;
- maintaining the original focus of the BNTU on the dissemination of knowledge and the development of science for the benefit of the whole society;
- promotion of practice-oriented training of personnel with knowledge in the field of IP.
III . Principles for the implementation of the IP Policy
The main principles for implementing the IP Policy are:
- free and rapid dissemination of scientific information, which may be delayed only for the minimum necessary period to ensure the protection of intellectual property rights;
- encouragement of authors of IP, persons contributing to the creation and use of IP, when creating the results of intellectual activity in order to create advanced results of intellectual activity demanded by society and the economy (hereinafter referred to as RIA);
- achieving a balance of interests of BNTU and authors of intellectual property items in matters of distribution of rights to intellectual property items, transfer of these rights to authors in case of non-use (inexpediency of using) intellectual property items in the activities of BNTU;
- freedom of choice of BNTU forms of legal protection of RIA, except for cases provided for by law and (or) the terms of agreements between BNTU and third parties;
- personal liability of the authors of intellectual property rights for unlawful disclosure of the essence of RIA in publication, oral presentation or any other public disclosure of information;
- assistance in attracting third parties as partners and sponsors to participate in the development of BNTU and commercialization of intellectual property items;
- promotion of scientific research aimed at meeting the needs of society and the state and meeting the priorities of the socio-economic development of the Republic of Belarus;
- the binding nature of this IP policy for all categories of employees and students of BNTU.
IV . Definition of copyright holders
BNTU is the owner of the OIP:
- in relation to objects of industrial property rights (hereinafter referred to as IPO) - the OIP belongs to the scope of the BNTU, provided that the activity that led to their creation relates to the official duties of the employee, or the OIP was created in connection with the performance by the employee of a specific task received from the BNTU, or when creating them, the employee used the experience or means of BNTU;
- in relation to objects of copyright and related rights - the OIP was created, carried out by the author on the instructions of the BNTU or in the manner of fulfilling the obligations stipulated by the employment contract with the BNTU.
In the case of the creation of an intellectual property asset as a result of the performance of work under an agreement with third parties, the right holder is determined in accordance with the terms of this agreement.
Determination of owners of property rights to the results of scientific and scientific-technical activities, created at the expense of public funds, is carried out in the manner determined by law.
In all other cases, the copyright holder is the author.
The procedure for recognizing OIP as official, as well as the procedure for transferring rights to OIP to authors, is established by the Regulations on official OIP, approved by the Rector of BNTU.
V. _ Managing relationships with employees and trainees
In order to regulate relations with employees and students in the field of IP, according to the decision of the BNTU, one of the following approaches can be used:
- the conclusion of a separate contract (agreement), which defines the basic rights and obligations of an employee and / or student in the creation and use of intellectual property, as well as the rights and obligations of BNTU;
- inclusion of the rights and obligations of the parties in the field of IP in the employment contract (contract);
- conclusion of independent contracts (agreements) in relation to certain categories or specific intellectual property objects;
- a mixed approach in which the above approaches are mutually complementary.
VI . Encouraging the creation and use of intellectual property items
The incentive system for the creation and use of OIS BNTU includes:
- remuneration to authors for the creation of the OPS and to persons contributing to the creation of this OPS;
- remuneration to authors for the use of the OPS and to persons contributing to the use of this OPS.
Relations of the BNTU with the authors and persons contributing to the creation and/or use of the OPS, related to the payment of remuneration for the creation and use, assistance in the creation and/or use, are governed by an agreement between them.
The procedure for regulating the relations of the BNTU with the authors and persons facilitating the creation and / or use of the GPA, related to the payment of remuneration for the creation and use, assistance in the creation and / or use, is established by the Regulations on the procedure for stimulating BNTU employees for the creation and use of the GPA, approved by the Order of the BNTU.
The amount of remuneration for the creation of one OPS is:
- authors - 10 (ten) base values;
- persons contributing to the creation - 4 (four) basic values.
The amount of remuneration for the use of one OPS is:
- authors - 40 (forty) percent of the funds received under license and other agreements remaining at the disposal of these legal entities after paying taxes, dues (duties) and other obligatory payments to the budget and state extra-budgetary funds;
- лицам, содействующим использованию, – не менее 3 (трех) процентов от прибыли, приходящейся на ОПС собственности, в том числе от прибыли по лицензионным и иным договорам, остающейся после уплаты налогов, сборов, иных обязательных платежей, полученной БНТУ от его использования, либо 10 (десять) базовых величин за полный год использования ОПС, либо иным способом.
Авторам и лицам, содействующими созданию и использованию ОИС, гарантируется осуществление выплат вне зависимости от действия/прекращения срока трудового договора с БНТУ.
VII. Организационное обеспечение управления ИС
Ректор БНТУ:
- утверждает Политику в области ИС БНТУ и осуществляет окончательное ее толкование;
- осуществляет от имени БНТУ сделки с правами на ОИС;
- утверждает локальные правовые акты БНТУ в области ИС.
- Проректор по научной работе БНТУ:
- обеспечивает осуществление в БНТУ мероприятий по управлению ИС;
- осуществляет толкование положений Политики в области ИС БНТУ;
- принимает решения по вопросам в области ИС, в том числе по жалобам и спорам в области ИС, сторонами которых являются лица, для которых обязательны положения Политики в области ИС БНТУ, за исключением жалоб и споров, рассматриваемых в соответствии с законодательством иными органами и судами;
- принимает решение о возможности не применять положения Политики в области ИС БНТУ в отношении конкретных ОИС.
Стратегические решения по управлению ИС в рамках реализуемой научной, научно-технической и инновационной политикой БНТУ может принимать Научно-технический совет БНТУ.
The organization of work on the legal protection and management of IS BNTU is carried out by the branch of BNTU "Research Polytechnic Institute". Direct management of the BNTU IS is carried out by the Department of Scientific and Technical Information and Marketing of the branch of the BNTU "Research Polytechnic Institute", whose competence includes the following main functions:
- analysis of RIA created at BNTU in order to identify protectable and commercially significant;
- selection of the optimal form of legal protection of intellectual property;
- ensuring registration of rights to intellectual property objects;
- involvement of third parties for patenting and (or) registration of intellectual property items;
- organization, management and control of the procedure for issuing titles of protection;
- interaction with authors, persons facilitating the creation and use of intellectual property items, at all stages of the process of creating and using intellectual property items;
- organization of work on the collection and distribution of remuneration for the creation and use of intellectual property items;
- preparation and submission of the necessary documents for accounting for property rights to intellectual property items as intangible assets (hereinafter referred to as intangible assets), assessing the value of intellectual property items, distributing income from the commercialization of intellectual property items, conducting an inventory of intangible assets;
- ensuring compliance with the established procedure for the disposal of intellectual property rights created as a result of research and development at the expense of public funds;
- methodological support for the organization and conduct of patent research;
- registration of computer programs, the copyright holder of which is BNTU.
The order of creation and activity of the Department of Scientific and Technical Information and Marketing of the branch of BNTU "Research Polytechnic Institute" is regulated by the Regulations on the Department of Scientific and Technical Information and Marketing of the branch of BNTU "Research Polytechnic Institute".
The commercialization of the BNTU OIS is provided by the branch of the BNTU "Research Polytechnic Institute" and the State Enterprise "Scientific and Technological Park of the BNTU "Polytechnic".
For the organizational support of the management of the IS BNTU, a Commission for the Evaluation of Protectable RIA was established, the competence of which includes:
- consideration of issues of establishing authorship and determining the protectability of created RIAs as an OPS;
- determining the feasibility of maintaining the OPS;
- establishing the feasibility and determining the conditions for transferring rights to the GPT to third parties;
- consideration of issues of joint ownership of the TSO with third parties.
The procedure for the work of the Commission for the evaluation of protectable RIA, as well as its composition, is approved by the Rector of the BNTU.
Employees of BNTU within the framework of IP management:
- ensure the fulfillment of the requirements stipulated by the legislation, the BNTU IP Policy and other local legal acts of the BNTU, the decisions of the BNTU management, and are also guided by the terms of the labor and civil law contracts of the BNTU with them;
- assist the management of the BNTU, a branch of the BNTU "Research Polytechnic Institute", the Commission for the Evaluation of Protectable Intellectual Property in IP Management;
- send a notification on the creation of the OIC to the name of the BNTU;
- participate together with the Department of Scientific and Technical Information and Marketing of the branch of the BNTU "Research Polytechnic Institute" in the registration of rights to the created OIP, including through interaction with the patent authority;
- ensure the confidentiality of information about RIA, including those constituting a commercial secret, in cases provided for by local legal acts, labor and civil law contracts of the BNTU with employees or third parties, decisions of the BNTU management;
- take measures to minimize conflicts of interest in the field of IP;
- if there are grounds, they participate in the distribution of income from the commercialization of intellectual property items in the forms determined by law, the BNTU IP Policy and concluded agreements;
- observe the rights of third parties to intellectual property, and in case of establishing the facts of violation of such rights, eliminate the consequences of such violations, if such an obligation is assigned to the employee by law or court;
- perform other actions to ensure the legal protection of intellectual property items provided for by law, the BNTU IP Policy, other local legal acts of the BNTU, decisions of the BNTU management, as well as labor and civil law contracts of the BNTU with an employee.
BNTU students are obliged to comply with the legislation of the Republic of Belarus and the terms of civil law agreements concluded with BNTU in the field of creation and use of intellectual property.
VIII . Ensuring the confidentiality of information constituting a trade secret
In order to ensure the confidentiality of information about production secrets (know-how), other RID BNTU may enter into non-disclosure obligations with certain categories of employees, as well as agreements on the confidentiality of information constituting a commercial secret with counterparties.
The procedure for establishing a trade secret regime, the composition of information to be protected in the trade secret regime is determined by the local legal acts of the BNTU.
IX . Final provisions
The BNTU IP policy is subject to revision every 3 (three) years.
An early revision of the IP Policy, including in connection with changes in legislation, may be initiated by the Rector, Vice-Rector for Research, Director of the branch of BNTU "Research Polytechnic Institute".
Violation of the provisions of the BNTU IP Policy is subject to consideration in accordance with the law in the manner applicable in the BNTU when considering violations of local legal acts.
Dispute resolution regarding the creation and management of IP is carried out in accordance with the local legal acts of the BNTU.
In order to bring the IP Policy to the attention of all interested parties, it must be posted on the BNTU website in the global computer network Internet.
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