Directorate of ORIC

Intellectual Property Rights (IPRs) protection plays an essential role in encouraging innovation. It is a fact that the commercialization of IPRs can lead to better investment conditions for a  developing economy like Pakistan. The research ecosystem of Pakistan is facing issues related to IPRS, especially its creation, ownership, and assignment. Furthermore, the journey of research for innovation commercialization relies on invention and its IPRs assemblage. Recognizing these facts, UoT, under the directions of HEC through its multiple programs under research and innovation portfolio and linkages with affiliated bodies, strives to make the academia aware of research innovation, IPRs, and commercialization.   HEC encourages universities to develop their own intellectual property rules and recommends that HEIs implement more inventor-friendly policies for awarding IPRS rights and allocating revenue from commercialization.

We (ORIC) have formulated our intellectual property framework following the guidelines and policies circulated by the Higher Education Commission (HEC) via a letter Ref. No. R&D/HEC/IPRS2022, dated July 15, 2022, to enhance the promotion and commercialization of intellectual assets within Higher Education Institutions (HEIs) in Pakistan. This policy enlightens directions for both academic and non-academic staff, scholars, students, and other concerned people from the University of Turbat (UoT) to Intellectual Property (IP). This article generates the policy, objectives, definition, coverage, ownership, disclosure, market evaluation, licensing, commercialization, revenue distribution, and dispute resolution. It is the prime objective of UoT to establish an atmosphere wherein all the affiliated stakeholders can operate and collaborate effectively. UoT primarily receives financial support from Federal and Provincial funding organizations and students’ admission and tuition fees. In compliance with these principles, UoT certifies that the IPRs Policy is well-managed and implemented in the best interest of its personnel. The IPRs Policy offers specific guidelines supporting converting basic research into profitable enterprises. It also strives to responsibly resolve any potential intellectual. Property issues, particularly those that pertain to research, innovations, technology transfer, and commercialization.

The objectives of the IPRs policy at UoT aim to establish a comprehensive framework that facilitates the development, management, and effective utilization of intellectual property for the betterment of the university, authors, researchers, academics, and the associated public entities. The core objectives are:

a) Preserving Ownership of the research conducted by the UoT community.
b) Protecting the UoT brand and allocating its benefits.
c) To establish clear guidelines that define the rights and obligations of both UoT and IPRs
designers.
d) To ensure Legal Compliance of IPRs at UoT with National Laws and Regulations.
e) Framework for Advancing Discoveries and Inventions for Financial Gain: Empowering
Faculty, Researchers, Students, and Affiliates through Commercialization and Licensing.
f) To develop a strategic approach that ensures co-ownership and equitable distribution of
commercialization proceeds from intellectual property assets generated or created by UoT,
through the establishment of contracts with research project donors/sponsors.
g) To perform an annual IPRs audit/assessment of UoT and establish targets for the effective
management of the UoT-IPRs assets.

This policy applies to everyone connected with UoT and its affiliated colleges, including full-time and part-time teachers, staff, students, Ph.D. students, postdoctoral fellows, and also people who are not official employees like visitors, temporary teachers, workers from industries, and members from related Institutes.

Intellectual Property (IP) refers to the creations of the mind such as inventions, procedures, literary and artistic works, symbols, names, and images. IP is divided into two categories Industrial property and Copyright. Industrial property deals with IPRs of commerce, industry, and agriculture,  along with their protection of patents for inventions, utility models, industrial

designs, trademarks, trade names, service names, new plant varieties, and geographical indications. While copyrights include literary works such as novels, poems and plays, films, musical works, and artistic works such as drawings, paintings, photographs, sculptures, and architectural designs. IPRs allow the creator or owner of the patent's trademark or copyright to benefit from his/her own work or investment. The IPRs policy shall proclaim all types of intellectual property rights under relevant IPRs Laws of the country, such as:

1. Copyrights: Copyright is a legal concept granting authors and artists exclusive rights to their literary and artistic works, encompassing novels, poetry, computer programs, paintings, sculptures, and more, allowing them or their designated beneficiaries sole authority to use or authorize others under mutually agreed terms, including:
2. The ownership of copyrights from UoT creates something new, they usually own the rights to it, unless there's a different agreement with an outside party.
3. Copyright to software is dealt with as per other IPRS rights.
4. UOT can make changes to, print, or copy these works for educational and research purposes. They can use any format, like electronic or printed, as long as they get permission from the owner for non-commercial use. The Copyright owner and UOT will negotiate an agreement with mutually agreed-upon terms and circumstances defining the payment of royalties if, however, the use of this work is intended for commercial advantage.
5. If the copyright is owned by a party other than UoT, obtaining prior consent from the owner is mandatory before engaging in any compilation, distribution, or sale.

b) Patents

A patent gives the person exclusive ownership of a new and inventive product or process. This means they have the sole right to use or sell it for a certain period. This protection is granted for a specific amount of time, typically 20 years in accordance with the trade-related aspects of intellectual property rights (TRIPS) agreement. Any intellectual property (IP) developed by UoT staff, researchers, and students outside their engagement in university research and without significant utilization of university resources shall be attributed to those individuals as sole inventors. In the case of patent rights resulting from UoT staff’s participation in university

research that makes extensive use of the institution's resources, joint ownerships will be established between UoT and the patent creator. In the event of commercialization of these patent rights, royalties for the research team will be determined through separate agreements based on mutually agreed terms and conditions.

• Trademarks/Trade Names/Service Marks

Trademarks, trade names, and service marks are distinct forms of intellectual property that provide legal protection for branding and identification purposes. A trademark is a recognizable symbol, design, phrase, word, or a combination thereof that distinguishes the goods or services of one entity from those of others. It serves as a mark of origin and helps consumers identify and associate specific products or services with a particular company or brand. Trade names refer to the names used by companies or businesses to identify themselves in the market. Unlike trademarks, which primarily focus on product or service identification, trade names are used to identify the business entity itself. Trade names can be associated with a specific brand or encompass the entire business entity. For example, “Microsoft Corporation” is a trade name as well as a trademark, with “Microsoft” serving as the trade name and several products (e.g. Windows, Office, Edge) serving as trademarks. Service marks are the same as trademarks but particularly include services instead of physical products. They’re exploited to recognize and categorize the source of services presented by a confirmed entity. Service marks may include logos, slogans or specific names associated with service-oriented business.

Despite the fact that the time frame of protection is subject to change, a trademark, trade name, or service mark can be kept in use indefinitely by paying an extra fee after the initial filing date. Exclusive ownership rights to the University of Turbat's logos have been registered with Pakistan's Intellectual Property Organisation. Any use of the university's logos requires securing advance approval or a license from the institution.

• Geographical Indications (GIs)

GI refers to the utilization of a name or symbol on specific products that indicate their association with a particular geographical location or origin, for instance, a village, district, or state. The application of GI serves as an authorization, attesting that the product owns distinct potentials or holds a particular status owing to its geographical legacy. The

forthcoming policy intends to prioritize the robust protection and registration of Geographical Indication, guaranteeing benefits for various stakeholders involved.

• Industrial Enterprises

An industrial enterprise right is a form of intellectual property protection that defends the pictorial proposal of objects that are not decently practical. An industrial enterprise comprises devising a figure, outline, or configuration of spectrum or color, and an amalgamation of design and color in three-dimensional (3D) formats encompassing artistic worth. An industrial enterprise can take the form of a two-dimensional or three-dimensional pattern applied to create an artifact, manufacturing product, or handicraft. The registration of profitable enterprises aids in achieving a justifiable profit on the venture made in developing and promoting the associated products, consequently enhancing profitability.

The policy will emphasize the efforts by UOT to inform and assist relevant stakeholders in registering their innovative ventures, enabling them to gain a heightened competitive advantage.

• Trade Secrets

Trade secrets encompass intimate data, evidence, or collations that are utilized in research, trade, market, or manufacturing. These trade secrets are proprietary and not publicly disclosed. Trade secrets can be owned and utilized by universities, research and development institutions, government agencies, businesses, and individuals. These secrets encompass confidential scientific, technical, corporate, profitable, or economic information that is not openly known and provides a competitive advantage to those who have the right to use it. To preserve the status of a trade secret, the information must be kept confidential. The legal framework surrounding trade secrets extends to knowledge or information, irrespective of its eligibility for patents or copyrights. Typically, these trade secrets pertain to engineering or business-related matters and are intended to be kept secret, not readily accessible or widely known.

• Novel Fauna/FloraVarieties

A plant breed fortification certificate grants exclusive rights to the owner, allowing them to sell, reproduce, import, and export both the plant variety and its seeds. Furthermore, it aids as a means to protect others from proclaiming their own plant variety rights. The duration of

this certificate is 20 years, with a prolonged period of 25 years for tree or trailing plant types. This policy aims to provide plant, animal, and poultry breeders with information on the registration process for new plant varieties, as well as animal and bird breeders. By facilitating this registration process, the policy seeks to enhance productivity, improve income, and contribute to overall development in these sectors.

• Layout architecture of Integrated Circuits/Machines/Implements

The term “layout-architecture” refers to the arrangement, expressed in three dimensions, of elements that include at least one active element and the interconnections within an integrated circuit (IC). It can also encompass a 3D arrangement specifically designed for the manufacturing of a unified circuit. A “unified circuit” is merchandise, either in its refined intermediate shape, in which the elements, including at least one active element, and their interconnections are integrated onto or into a material piece intended for electronic functionality. The University of Turbat will promote the progress of unified circuits for electrical appliances by its faculty members, staff, investigators, and students, treating them as valuable intellectual property assets in line with this policy under the TRIPS agreement of the World Trade Organization (WTO).

Regarding the ownership of intellectual property rights, there are three main potential scenarios: (I) the University owns the intellectual property; (II) the sponsor owns the intellectual property; and (III) the University and the sponsor mutually own the intellectual property.

1. Ownership to IPRs by Uot:
   • Articles, dissertations, thesis, and books are not considered to be part of the University's intellectual property. Instead, it refers to inventions, improvements, discoveries, and creative works that have been made by one or more University employees or students while carrying out the duties outlined in the research agreement during the contract period. The university holds the complete rights and designations to the UoT IPRS policy established in accordance with the research agreement. These rights and titles are subject to the terms and conditions specified within the agreement.
2. Ownership to IPRs  by a Sponsor:
   • Upon request, the University will transfer all rights, designations, and benefits in the UoT IPRS policy to the Sponsor. However, the University reserves the right to demand a concluding verdict from the Sponsor concerning the assignment no earlier than ninety days after the expiry of this treaty or somewhat subsequent extension.
3. Ownership to IPRs shared by UoT and sponsor:
   • Joint Intellectual Property refers to inventions, improvements, discoveries, and works of authorship (excluding articles, dissertations, theses, and books) that are created through the collaboration of employees from both the University and the Sponsor in accordance with the research conducted under the Agreement. The ownership of all rights and designations to the joint intellectual property is shared between the UoT and the sponsor, with their ownerships subject to the terms and conditions outlined in this agreement.

1. Manage and regulate the execution of the IPRS Policy
2. Engage in discussions with UoT faculty, scholars, and students regarding the advancement of independently owned technologies, following an assessment of their commercial potential, with the aim of pursuing registration, accrediting, and /or combined endeavor contracts.
3. Manage the IPRs portfolio for UoT, which includes the preparation and submission of applications to the IPRs organization of Pakistan. Additionally, ensure the ongoing maintenance of granted and registered IPRs.
4. Oversee and maintain the allocated funds designated for the registration and activities associated with the fortification and commercializing of the University’s IPRs Rights.
5. Engage in negotiations and oversee contracts related to the creation, spreading, and promotion of the University’s intellectual property resources.
6. Develop a structured payment formula for revenue generated from any commercialized IPRs resources.
7. Conduct negotiations for all license agreements pertaining to the University’s IPRs.

Any Intellectual Property (IP) that an inventor generates and that is either owned by the University of Turbat (UoT) or that must be revealed as part of a contract with a third party must be promptly notified to the ORIC. Within thirty days, a Technology Disclosure Form must be submitted to do this. The ORIC will thereafter evaluate the commercial feasibility and patentability of the disclosed IPRS. If obligatory or suitable, the ORIC may consult with other university personnel or independent experts who possess expertise in the relevant field to aid in the evaluation process. When a staff member discloses IPRS with potential for commercialization, UoT is obligated to determine its commercial prospects. Normally, IPRS disclosures are treated as intimate documents by the university. However,  in order to assess its profitable outcomes, the IPRS unit within ORIC will notify all affiliates and seek their comments.

Any patentable invention is essentially evaluated for its business significance and trade domains. In the case of UOT, ORIC in alliance with an inventor, endeavors to find financial and methodological fitness, the success of commercialization, the venture needed, and sustainability. Univeristy frequently generates inventions that have users located outside their immediate vicinity. Therefore, it is advantageous to commercialize these research endeavors to distribute the benefits among the stakeholders. IPRs possessors frequently achieve this by issuing licenses to industrial sectors. In special circumstances of the University of Turbat, ORIC also handles the necessary arrangements concerning licenses and any other requirements associated with the commercialization process.

All revenues generated from UOT-owned IPRS will be collected and administrated by the ORIC. Expenses incurred during the development, transfer, and protection of the university’s rights to the specific IPRS will be initially subtracted from the gross income before any  distribution is made. If requested, the author/creator will receive a detailed breakdown of all associated costs. The University and the person who created it will divide the net revenues from UoT-owned intellectual Property (UOT-IPRs) in accordance with terms and conditions that have been mutually agreed upon.

Any dispute involving the developers, a department, or a third party, concerning IP that cannot be settled through informal discussions or mediation shall be referred to the Academic Board. The Board shall then appoint a subcommittee to investigate the dispute and make a recommendation for resolution by the Board that shall make the final determination in consultation with the Pro-Vice-Chancellor or a person appointed in that capacity. Board members or administrators who are directly involved with the IP in question should recuse themselves from the processes at such times as a necessary condition to avoid conflict of interest.

UOT will constitute an intellectual property review committee to carry out this policy, and it will be responsible for carrying out the responsibilities that follow:

1. To timely review the provisions of the policy, as required, with approvals for modification or modifications.
2. In the case of a dispute over the policy, act as an advisory body to make non-binding decisions.
3. Review other subjects as demanded by the ORIC or other concerned bodies.

After receiving approval from the statutory bodies, this policy will be implemented.