India Department of Biotechnology (DBT), Memorandum of Agreement

Intellectual Property | Ownership of IP
Intellectual Property | Protection of IP

Structural Questions

Ownership of IP

Is the ownership of background intellectual property impacted by this agreement?
What is the scope of background intellectual property?
How will sideground intellectual property be treated?
Who will own new intellectual property arising from the project?

Protection of IP

Who has the decision-making authority and responsibility for patent prosecution, maintenance and enforcement?
Is there a mechanism for information sharing and cooperation between the parties in relation to patent prosecution, maintenance and enforcement activities?
Can the IP owner abandon the prosecution or maintenance of a patent?
How should IP protection expenses be allocated between the parties?

Summary of Approaches

Ownership of IP

Who will own new intellectual property arising from the project?
- The intellectual property generated from the project will be owned by the institution.
- The institution has the right to transfer any IP developed with DBT funding, but must adhere to DBT’s IP Guidelines. The Guidelines include a preference for non-exclusive licensing and requirements for specific provisions to be included in exclusive licenses.

Protection of IP

Who has the decision-making authority and responsibility for patent prosecution, maintenance and enforcement?
- The institution is responsible for the protection of IP arising from the project.

Annotations

This template Memorandum of Agreement published by the Department of Biotechnology (“DBT”), part of the Indian Government Ministry of Science and Technology, sets out model terms for DBT R&D funding. DBT agrees to fund the project providing the institution is able to accomplish the identified objectives and submit the required reports. The funded institution may not seek out other sources of funding for the project.

The institution will own, and be responsible for the protection of, any intellectual property that is generated through the project. Any transfer of the funded intellectual property is subject to adherence to DBT’s IP Guidelines – published in 2023 – which include a preference for non-exclusive licensing and requirements for specific provisions to be included in exclusive licenses.

Provision Language

4.0 RIGHTS OF OWNERSHIP/TECHNOLOGY TRANSFER AND UTILIZATION

[…]

4.2 The Intellectual property generated from DBT-funded on-going and completed project by [Institution’s acronym] will be the owned by the institution [Institution’s acronym]. It shall be the responsibility of [Institution’s acronym] to take necessary action for protection of the intellectual property arising out of the PROJECT through proper instruments, such as, patents, copyrights, industrial designs, etc. The Intellectual property developed may be transferred by the institutions through review by their scientific advisory committees adhering to DBT IP Guidelines. The equipment acquired will be the property of DBT and shall not be utilized for purposes other than those for which the grant has been sanctioned.

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India Department of Biotechnology (DBT), Memorandum of Agreement

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India Department of Biotechnology (DBT), Memorandum of Agreement

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