The Regulations on the Management of Intellectual Property Rights

Chapter 1  General Principles

Article 1         This document was created to strengthen the intellectual property right (IPR) protection at Guangdong Technion Israel Institute of Technology (GTIIT), encourage faculties and students in GTIIT to actively engage in inventions and intellectual creations, promote the effective transformation of scientific and technological achievements, and effectively safeguard the IP-related benefits of GTIIT. It is based on the actual conditions of GTIIT and in accordance with national laws and regulations.

Article 2          The so-called affiliated units in this regulation refer to all colleges, departments, and administrative offices of GTIIT. The terms “faculties, staff, and students” of GTIIT mentioned in this regulation refer to all persons employed by GTIIT or studying in GTIIT including undergraduates, graduate students, post-doctoral research fellows, and temporarily-hired personnel.

Article 3          The IP mentioned in this regulation includes:

1)  Patents and trademark rights;

2)  Technical secrets and trade secrets;

3)  Copyright and its neighboring rights;

4)  The name, badge, and various service marks of GTIIT;

5)  Other IP rights owned by GTIIT in accordance with national laws and regulations or stipulated in specific contracts.

Chapter 2        Ownership of IPR

Article 4          The name (in both Chinese and other languages), badge, and other logos of GTIIT are intangible properties of GTIIT.

Article 5          The creative works resulted from the activities hosted in GTIIT and for which GTIIT undertook due obligations are legally defined as ones of GTIIT.  Therefore, the copyright of them is reserved by GTIIT. 

Article 6          The creative works produced by employees of GTIIT while implementing his/her work duties during workday are legally defined as assignment works. The copyright of them is reserved by the authors whereas GTIIT and its affiliates have the priority of using these works. This priority cannot be shared by any third party without a permission from GTIIT within two years following the completion of the works. 

Article 7           The inventions and creations accomplished by faculty members, students and staff of GTIIT while implementing his/her duties at GTIIT or by taking advantage of the materials/facilities of GTIIT, or under the name of GTIIT and its affiliates, are legally defined as assignment invention and creation. Only GTIIT can apply for the patent of these assignment inventions and creations. Upon the approval of an application, GTIIT will become the patent holder.

The above-mentioned assignment inventions and creations include:

1) That resulted from the implementation of a research project or contract;

2) That resulted from the implementation of a project/task assigned by GTIIT;

3) That accomplished by a retired or left employee of GTIIT within one year after leaving GTIIT, and the work is related to the duties or works assigned by GTIIT during his/her tenure in GTIIT.

Above-mentioned “materials and/or facilities of GTIIT and its affiliates” refer to the fund, equipment, components, raw materials, experiment facilities, venues, or publicly unavailable technical protocols of GTIIT and its affiliates, or the same resources obtained in the name of GTIIT.

Article 8          The attribution of IP resulted from a collaborating research project implemented by a GTIIT employee at an oversea institute should be specified in an agreement that had been recognized and signed by GTIIT and the involved institute. If no such an agreement exists or the agreement does not specify the ownership of an IPR, the IPR should be reserved by the person who mainly accomplished the research work leading to the IP.

Article  9          The part-time faculties or visiting researchers at GTIIT or its affiliates are required to sign an agreement with GTIIT to specify the attribution of IP. Otherwise, the IPR should be reserved by the person who mainly accomplished the research work leading to the IP.

Chapter 3 The Management of IPR

Article  10        The Leading Group of GTIIT for IPR should consist of Executive Pro-Vice Chancellor and directors of the Chancellor Office, Research and Innovation and Graduate Studies (RIGS) Office, Undergraduate Studies Office, Human Resource Office, Student Affairs Office, and the Finance Office, plus departmental heads, and heads of programs. The RIGS Office is responsible for the routine management of IPR.

Article  11        The Leading Group of GTIIT for IPR is responsible for macro-management of IPR in GTIIT. Its responsibilities mainly include:

1)  Formulating policies and regulations relevant to IPR of GTIIT;

2)  Reviewing the measures, regulations and plans relevant to the administration of IPR issues in GTIIT;

3)  Directing, examining, and supervising the implementation of IP-related issues in GTIIT;

4)  Dealing with the disputes concerning IP and protecting the IPR of GTIIT;

5)  Managing and coordinating other IP-related issues.

Article  12        The RIGS Office is responsible for the routine management of IP-related issues including:

1)      Drafting the measures, regulations and plans relevant to IP issues of GTIIT;

2)      Disseminating and popularizing the laws, regulations, and administrative measures relevant to IPR in GTIIT;

3)      Making responses to all questions from faculties, students, and staff of GTIIT relevant to IPR;

4)      Being responsible for the patent applications, trademark registration, and the other works relevant to rights validation of GTIIT;

5)      Being responsible for the assessment and management of the intangible properties, of which IP is dominant one.

6)      Assisting the IPR Leading Group of GTIIT in mediating and solving IPR disputes;

7)      Assisting the IPR Leading Group of GTIIT in examining IP-related contracts;

8)      Being responsible for the registration, organization, and archiving of science and technological contracts of GTIIT;

9)      Being responsible for the account opening and allocation of IP-related funds, as well as the award and punishment relevant to IPR;

10)  Implementing all policies, regulations, measures, and plans relevant to IPR under the leadership of the IPR Leading Group of GTIIT and report to the Leading Group;

11)  Filling out and reporting IP-relevant data to higher authorities as requested.

 Article 13        The employees of GTIIT, while collaborating with domestic or foreign enterprises or individuals, commissioned to perform scientific and technological events such as research and development, or providing technical services, must stipulate a written contract with the collaborator. The contract must clearly prescribe the attribution of IP and the corresponding rights and obligations. The contract takes effect only after being reviewed and examined by RIGS Office, signed by a legal representative or an authorized agent of GTIIT, and being stamped with the official seal of GTIIT. No organization or individual is entitled to enter into external technology contracts in the name of GTIIT without being authorized and approved by GTIIT.

Article  14        Any technical transfer or implementation permits for technological achievements of faculty members, students and staff of GTIIT must be reviewed by RIGS Office and approved by the IPR Leading Group before signing a contract. If necessary, the contract should be reported to higher authorities for approval, filing, and announcement.

Article  15        While applying for patents, research funding, or signing a technology contract, the faculty members, students and staff of GTIIT are requested to search patent literature extensively to avoid iterative development or disputes over the patent, it should be supervised and confirmed by RIGS Office

Article  16 In the event (that) a patent inventor or designer is a student of GTIIT, his/her mentor must be participant. GTIIT is entitled to withdraw the patent application if the inventor or designer leaves GTIIT during the process of application. GTIIT is also entitled to waive a patent right if the inventor or designer leaves the institute after patent licensing. If the inventor or designer requires to maintain the patent, the subsequent fees should be offered by the inventor or designer.

Article 17 The technological contents of technological achievements intended for patent application should not be made public in ways such as applying for evaluation and reward, publishing papers, or exhibitions. Necessary measures, such as entering into non-disclosure agreement and establishing a confidential regulation, should be taken to keep confidential results of intellectual work that are not suitable for patent application but have commercial values.

Article 18        With respect to inventions and creations accomplished by faculty members, students and staff of GTIIT in collaboration with external institutions/individuals, the involved parties should apply for patents based on a contract which must be reviewed and examined by the RIGS Office of GTIIT in advance. 

Article  19        When publishing works, papers or other technological documents, faculty members, students and staff of GTIIT should present the name of GTIIT as the employer of the author or mention it in a note.

Article  20        During academic exchange activities (including but not limited to lecturing, visiting, touring, conference, consultation and communication) at home and abroad, faculty members, students and staff should keep the information secret if it is confidential. Before receiving visits, laboratories and project teams undertaking national key projects, key problems to be tackled, major collaboration projects, and key development projects should report the list of visitors and content of academic exchange to the RIGS Office of GTIIT for approval. If a visit involves major technological secrets, the report should be reviewed and approved by the confidentiality authorities at a higher level.

Article 21        While working at GTIIT, all faculty members, students and staff should comply with the regulations of GTIIT on IP protection; when leaving GTIIT as the result of retirement, job-protected leave, resigning, job transfer, or graduation, people must return all the technology documents, experimental materials and equipment, samples or products related to his/her research work to GTIIT. After leaving, they should not engage in activities that are harmful to the rights and interests of GTIIT by taking advantage of the commercial or technological secrets belonging to GTIIT.

Article 22        Visiting researchers, part-time teachers and other persons working or carrying out collaborative research at GTIIT or its affiliates, before leaving GTIIT, should return GTIIT all the managerial, operational, technological and experimental materials, experimental equipment, products, computer software obtained while working at GTIIT. The affiliates of GTIIT have the right to protect the IP rights of GTIIT and should not permit persons mentioned above to copy, publish, disclose, use, permit or transfer the materials described before.

Chapter 4        Rewards and Supports

Article 23        In the case of joint application with an external institute, a relevant agreement with the collaborator should be set up and signed to define the attribution of rights and proportions of payments. If there is an extant contract covering the relevant issues, it will be executed accordingly. 

In the event (that) a patent is not transferred or implemented three years after authorization, it may be maintained for an additional year while GTIIT will pay the relevant expense, subject to approval by the institution, if the inventor or designer applies for the maintenance within a specified period and provides the evidence that the patent will be transferred or implemented within a short term. Otherwise, the inventor or designer shall assume related fees if he/she wishes to maintain the patent.

Article  24        Allocation of the gains resulted from the transfer of scientific and technological achievements should comply with relevant regulations on research funding management of GTIIT. Revenues coming from the transfer and implementation of technical achievements will be allocated according to relevant national regulations. If an extant contract is available for this issue, it should be executed accordingly.

Chapter 5 Legal Liabilities

Article 25        All faculty members, students and staff at GTIIT are obliged to protect the IP rights of the institution. Without permission, nobody can publish, disclose, license, transfer, or employ the IP owned by GTIIT, by taking advantage of his/her power or status, or by other improper means.

Article 26        In the case of violations of relevant laws and regulations concerning IPR, or this regulation, violators will be punished according to the circumstances, including critical education and bonus deduction, even disciplinary sanction or civil liabilities in cases of gross violation.

Article 27        Any individuals and affiliates of GTIIT are entitled to oversee the implementation of this regulation, and responsible for dissuading, stopping, and reporting violations.

Article 28        Attention should be brought to all affiliates of GTIIT regarding IPR management. In case of this regulation not followed that leads to the loss of rights and interests of GTIIT, the responsible person and the principal head of an affiliate will be censured.    

Chapter 6        Supplementary Provisions

Article 29        If there is any conflict between this regulation and the relevant national laws and regulations, the former shall give way to the latter. 

Article 30        The Human Resources Office of GTIIT shall in advance, in the contract of personnel employment, stipulate the ownership of IPR of the hired personnel during the employment period at the institution and the dispute settlement method thereof.

Article 31        The power of interpretation of this regulation shall be vested in the IPR Leading Group of GTIIT, and explained by RIGS office.  

Article 32        The regulations shall be implemented as of the date of promulgation.

Article 33        The regulations shall be interpreted by RIGS Office.