REGULATION on INTELLECTUAL and INDUSTRIAL PROPERTY RIGHTS


 

Scope

ARTICLE 1-(1) This Regulation includes the processes of all kinds of intellectual and industrial property rights such as information, business ideas, design, trademark, utility model, patent, copyright, that will originate from scientific studies which can create social added value and become subject to commercialization, and the commercialization of these rights and/or transferring of them to third parties.   

 

Definitions

ARTICLE 2- (1) The references in this Regulation are as follows:

a) IUE: Izmir University of Economics,

b) IUE Resources: Means of infrastructure within IUE such as Laboratory, Equipment, Funding, Personnel, or Facilities,

c) Invention: A unique product or process that allows something to be done in a new way, or brings a new technical solution to a problem,

ç) Intellectual and Industrial Property Rights (IIPR): Patent, copyright, design, utility model, trademark applications necessary for the protection of the invention, including trade secrets regarding the invention, and all rights to be obtained from these applications,

d) Service Inventions: Inventions created by the people, who are  full-time and part-time academic and administrative personnel under agreement with IUE, and students (including undergraduate, graduate students, exchange students, and interns) that contributed to the formation of intellectual and industrial rights by using IUE resources, 

e) Independent Inventions: Inventions created by the people, who are full-time and part-time academic and administrative personnel under agreement with IUE, and students (including undergraduate, graduate students, exchange students, and interns) that contributed to the formation of intellectual and industrial rights by not using IUE resources, or inventions that IUE decided to transfer the IIPR, 

f) Intellectual and Industrial Property Income: Income obtained by IUE directly or indirectly as a result of commercialization of one or all of IIPR,

g) Net Intellectual and Industrial Property Income: Annual income obtained by deducting the expenses made by IUE in regard to protection and commercialization of the IIPR in question, from the income obtained by IUE as a result of commercial agreements regarding the commercialization of IIPR in question,

ğ) Cumulative Intellectual and Industrial Property Income: Total of net intellectual and industrial property income obtained from intellectual and industrial components including the year the calculation took place,

h) PDTTO: Project Development and Technology Transfer Office authorized by the senior management of IUE in order to carry out the technology transfer processes of the University,  

ı) Intellectual and Industrial Property Commission (IIPC): Commission which carries out the patentability and commercial potential assessments, discusses the protection strategies of IIPR, and submits a report to senior management for final decision,

i) Third Parties: Person(s), institutions and organizations, IUE, PDTTO, or inventor(s) are in contact with during all processes such as supporting the invention, commercialization of all rights regarding the invention, etc.  

j) Commercialization: Use of IIPR by IUE in order to obtain income and/or benefits as a result of transfer, licensing, internal use, corporatization,  

k) Royalty: The share IUE distributes to inventor(s) from the annual net IIPR income obtained by IUE.

 

 

Operating Principles

ARTICLE 3- (1) Pursuant to Article 121 (3) of Industrial Property Law No.6799, “In case the higher education institution claims rights on the invention, they shall be obliged to make a patent application.” IUE shall claim intellectual and industrial property rights of inventor(s) on their inventions generated as a result of projects supported by IUE and/or as a result of academic studies carried out within IUE unless otherwise agreed with inventor(s).   

 

(2) (Change SD 04.06.2020-397-A/14-BDT 22.06.2020-39)  Intellectual and Industrial Property Commission (IIPC) consists of IUE Vice Rector, two Representatives of IUE Board of Trustees, two expert faculty members selected by the University Administrative Board, PDTTO Coordinator, and PDTTO patent/licensing specialist. The IIPC, in accordance with the “IIPR Regulation” accepted by the IUE Senate and announced to the academicians, assesses all processes regarding the intellectual products that belong or may belong to the University, and reports to the senior management. The Commission makes all decisions in accordance with the legislation in force concerning licensing fees to be paid to inventor(s) and/or author(s), and University’s share, if available, and monitors the whole process. When necessary, the Commission invites people for expert opinion regarding the subject. PDTTO carries out the secretarial work of the Commission. PDTTO keeps accounting records for each intellectual and industrial product commercialized, and ensures the income obtained by the use is distributed based on the decisions by II

PC followed by the senior management.

(3) Rights and responsibilities of the parties are determined with an agreement for each project that includes sharing of IIPR.

 

(4) The principles indicated here shall be added to the agreements to be signed for projects that include IIPR provided that they do not go against the Law No.5846 on Intellectual and Artistic Works, and Law No. 6769 on Industrial Property and other legislations in force.  

 

(5) Pursuant to Article 121 (2) of Industrial Property Law No.6799, when an invention is made, the inventor(s) shall be obliged to notify PDTTO in writing (along with an invention notification form) within 30 days of their invention. If more than one inventor makes the invention, then the notification should be made together.

 

(6) If IUE decides to waive the patent right or IIPR protection application for an invention, or if after the patent application, that invention gains an independent invention status, IUE primarily proposes transfer of industrial property right to the inventor. If the inventor accepts the proposal, the rights are transferred. In that case, IUE submits the documents required for receiving and protecting the patent, to the inventor. In the transfer takes place, the inventor(s) pay for all transfer expenses (notary fees, commerce registration fees, etc.).

 

(7) In the event that the invention is a consequence of a study supported by an external source, the right of ownership shall be determined with an agreement to be made between IUE and the external source in question.

 

(8) The IIPRs of Independent Inventions belong to the inventor(s), however, even in such case, IUE has the right to access and use the Intellectual and Industrial Property in question with the sole purpose of using it for education, without any commercial benefits in mind. 

 

(9) All kinds of expenses arising from the protection and commercialization of the invention as part of the service invention shall be met by IUE upon the approval of the senior management of the University.

 

(10) The cumulative income, obtained by IUE as a result of the commercialization of IIPR in consequence of projects supported by an external source or in a partnership, or any academic activity, shall be shared among IUE and the inventor(s) as indicated below:

 

 

IUE Share (%)

INVENTORs Share (%)

0-50.000 TL

30

70

50.001TL -100.000 TL

50

50

100.001-250.000 TL

60

40

250.001TL and above

70

30

 

(11) In the event of more than one inventor, the royalties will be shared among the inventors as stated in the “Invention Notification Form” signed by them. If the ratio is not indicated, royalties shall be divided equally among the inventors. 

 

Enforcement
ARTICLE 4-
 (1) The Rector of the Izmir University of Economics enforces the provisions of this Regulation.

Effectiveness
ARTICLE 5-
 (1) This Regulation takes effect on the date approved by the Senate of Izmir University of Economics.

 

This regulation takes effect upon the decision of the Senate dated 26.06.2019 and numbered 366-A/5 and the decision of the Board of Trustees dated 08.07.2019 and numbered 23.

 

 

 

  GERİ DÖN

 

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