Provision Language
11. Intellectual Property (IP)
GOSH Charity is under an obligation to ensure that the useful results of project that it funds are applied to maximise the opportunities to improve the lives of the Beneficiaries of Great Ormond Street Hospital NHS Foundation Trust and for wider public benefit.
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11.3 Ownership of the IP shall vest in the Host Institution. It is the responsibility of the Host Institution to take steps to protect any IP rights which may be identified. However, the Host Institution shall not be obliged to protect IP where, in the reasonable opinion of both GOSH Charity and the Host Institution, there is insufficient commercial justification to do so.
11.4 If the Host Institution decides not to protect or exploit IP, GOSH Charity shall have the right, but not a duty, to protect, manage and exploit such IP. The Host Institution must ensure that its employees, students and any third party acting on its behalf do all acts required to assist GOSH Charity in such protection, management and exploitation.
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11.6 The organisation responsible for exploiting the Project is entitled to receive a translation fee on the net income received. It is anticipated that the organisation responsible for this exploitation will deduct the direct costs that have been incurred as a result of exploitation, for example patent costs or proof-of-concept funds. GOSH Charity will not financially support the costs of patent protection and the process of making decisions on patents, except in the unlikely circumstance where GOSH Charity choses to own the IP.
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11.9 No IP created as a result of work funded by GOSH Charity may be exploited in any way without the prior written agreement of GOSH Charity, such agreement not to be unreasonably withheld. Exploitation includes use for any commercial purpose or any licence, sale assignment, materials transfer or other transfer of rights.
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11.11 GOSH Charity requires the Host Institution to ensure that all persons working on the Project are employed or retained on terms that vest in the Host Institution all IP which is created or acquired by any such person in connection with the Project. The Host Institution should have clear guidelines for employees, students, visiting fellows and subcontractors on procedures for the identification and protection of IP.