Policies on Intellectual Property Rights (IPR)

1. COVERAGE

a. Personnel Covered – This policy shall apply to all faculty members, researchers, students and staff undertaking research and/or creative activities pursuant to any program, project, grant or contract under the direction of Sacred Heart College of Lucena City, Inc.

b. Matters Covered ­– This policy shall cover all research and/or creative activities, tangible research properties or outputs with or without patent or copyright protection, whether for commercial or non-commercial purpose, undertaken using any of the resources of SHC.

c. Rights Covered – This policy shall cover all types of intellectual property rights (IPR) recognized under Philippine laws such as the Intellectual Property Code as amended as well as applicable laws as of other states.

d. Other Intellectual Property Rights – This policy does not comprehensively cover guidelines for the fair use of intellectual property rights owned by Sacred Heart College of Lucena City, Inc., its personnel or third parties.

2. GENERAL PRINCIPLES

a. The resources owned by Sacred Heart College of Lucena City, Inc. should be used for school purposes and not for personal gain or personal commercial advantage nor for any other non-school purposes. SHC subscribes to a policy of recognizing the traditional academic practice of treating faculty members as owners of works and other intellectual creations they produce without the use of school and/or third-party funding and without the use of substantial school and/or third-party resources, which are resources that are not ordinarily available to all faculty for traditional academic purposes which includes teaching, research and extension work.

b. SHC encourages the faculty’s full freedom in research and in the publication of their results subject to the adequate performance of their other academic duties.

c. SHC acknowledges that its efforts to generate income should be weighed against its principal responsibility to provide a favorable environment to explore knowledge for the benefit of the public in general.

d. SHC accepts that, in some cases, the recognition of intellectual property rights of authors are effective ways to ensure accountability and accessibility of knowledge and technologies.

3. RULES OF CONSTRUCTION

Nothing in these rules shall be construed:

a. To prevent the school administration from implementing rules relating to the enforcement of academic standards that deter and penalize plagiarism and academic dishonesty.

b. To alter existing school policy affecting conflict of interest including guidelines for external teaching activities or practice of profession.

c. To limit the school’s ability to negotiate and to meet the obligation for deliverables under any contract, grant, or other arrangements with third parties, including sponsored research agreements, collaboration agreements, license agreements and the like, if these terms are more beneficial to meet the purposes and principles of these guidelines.

d. To interfere with the discretion of editorial boards, textbook committees, technical review panels and the like to publish works.

4. COPYRIGHT

a. Works Covered

All literary, artistic and derivative works collectively referred to in this policy as “works” as defined in Sections 172 and 173 of the Intellectual Property Code of the Philippines including course materials for e-learning and distance education, regardless of format in which it was created or produced, shall be covered by these rules on copyright.

b. Ownership of Copyright

i. General Rule – Copyright of all works shall remain with the creator(s) except as may be otherwise provided in these rules.

ii. When copyright must be assigned to Sacred Heart College of Lucena City, Inc. – subject to the provisions of existing laws such as the Intellectual Property Code of the Philippines, creators shall disclose the existence and assign copyright over the following works of the school in accordance with contractual stipulations, the implementing rules and regulations of the Technology Transfer Act, these rules and the implementing rules that may be promulgated by the Office of the President:

  1. Works that are produced through research and development funded by any Philippine government agency or instrumentality, or government-owned and controlled corporation from government appropriations and those sourced from government managed official development assistance funds;
  2. Works supported by a specific allocation of school funds or substantial school resources other than the usual salary and resources made available to every faculty, researcher, student or staff;
  3. Commissioned works or those works created at the direction and control of the school through its officials or administrators for a specific project or purpose;
  4. Works whose authorship cannot be attributed to one or a discrete number of authors despite the application of processes prescribed under these rules;
  5. Works whose authorship cannot be attributed to one or a discrete number of authors because it is the result of simultaneous or sequential contributions over time by multiple authors;

c. Waiver of Copyright Ownership by the College

i. In the case of works mentioned in Article 4 section B (ii) above and works of joint ownership with the school, the school through its designated officials may waive copyright in favor of the creator(s) if all of the following conditions are met:

  1. The waiver would enhance the transfer of technology or improve the access to the works by the public in general;
  2. The waiver does not violate any existing contractual obligation to third parties; and
  3. The participation of the school in the work is acknowledged by the creator(s) in all publications of the work, whether local or international.

ii. If the school is unable or has decided not to publish or exhibit the works mentioned in Article 4 section B (ii) within one year from its disclosure, its copyright is automatically waived in favor of the creator(s) provided that no contractual obligations or rights of third parties will be violated. The one-year period may also be waived by Sacred Heart College of Lucena City, Inc. at the request of the creator(s) if the work is to be published in a reputable international or local journal relevant to the academic discipline to which the work falls under, provided that no contractual obligations or rights of third parties will be violated. The contribution of the school shall be duly acknowledged in all publications or exhibitions of the work.

d. Determination of Authorship in Cases of Contributed Efforts

i. In the case of works resulting from the contribution of efforts coming from different persons, authorship, whether sole or collaborative, shall be determined as follows:

  1. By contractual stipulation;
  2. By application of the rules for joint, primary and sole authorship as determined by a publication for which the work was intended;
  3. Through alternative modes of dispute processing including mediation and arbitration to be facilitated by the Vice President for Academic Affairs, if the work originated from the efforts of faculty, research staff and students.

ii. Only in the event of failure of any of these modes of dispute resolution may a conflict pertaining to the authorship or copyright of a work be referred for legal action.

5. OTHER INTELLECTUAL PROPERTY RIGHTS

a. Trade and Service Marks – Trade and service marks are distinctive words or graphic symbols identifying the sources, product, producer(s), or distributor of goods or services. Sacred Heart College of Lucena City, Inc. shall own trade or service marks relating to goods or services distributed by the school. These include names and symbols used by the school in conjunction with its computer programs or school activities and events.

b. Protection of Undisclosed Information – While the school’s mission is to transfer knowledge and technology for the benefit of the its stakeholders, it may resort to the protection of undisclosed information in any of the following and other similar instances:

i. The protection is necessary in order to comply with contractual stipulations or to pursue an academic research project to its completion;

ii. The information being protected is necessary in order to protect intellectual property rights of the school on an invention;

iii. Upon the determination of the School President, circumstances are such that well defined interests of the general public will better be protected by claiming legal protection of information or technology as “trade secrets”.

c. Subject to the provisions of applicable laws such as the Technology Transfer Act of 2009 and contractual stipulations, Tangible Research Property (TRP) or research results which are in tangible form (i.e. integrated circuit chips, computer software, biological organisms, laboratory notebooks or logbooks) which cannot be the subject of any other kind of intellectual property protection are presumptively owned by the school.

6. THESES AND DISSERTATIONS

a. A student shall own the copyright of his/her thesis/dissertation subject to the provisions of applicable laws such as the Technology Transfer Act of 2009, the provisions of this policy as well as any agreement(s) with the school and/or external parties. In order to enable the school to perform its mission of transferring knowledge and technology for the public benefit, the student shall grant to the school a non-exclusive worldwide, royalty free license to reproduce, publish and publicly distribute copies of said thesis/dissertation in whatever form subject to the provisions of applicable laws, the provisions of this policy and any contractual stipulations.

b. In the event a thesis/dissertation contains information on an invention that may be patentable or registrable, or if the same contains confidential information of the school and/or that of a third party, the department, institute or college may withhold public access to said thesis/dissertation and the defense proceedings and may take such other reasonable steps to protect the school and/or third party’s intellectual property rights until the school and/or third party has given written permission to disclose the same. In the event that the school waives its right to the invention as provided under this policy as the inventor is willing and able to comply with the condition, among others that may be imposed by the school, to file a patent or other applicable intellectual property application for the same, the inventor(s) may request the department, institute or college to withhold public access to said thesis/dissertation or to the defense proceedings pertaining to said invention.

7. COMMON PROVISIONS

a. Use of copyright, patents and other intellectual property rights of the school ­– Pursuant to its academic function, Sacred Heart College of Lucena City, Inc. shall not enter into any kind of contractual arrangement that would deter its stakeholders from having reasonable access to the works or inventions. Non-exclusive licensing, through which a license may be granted to more than one licensee, is preferred but in some cases, as when significant investments of time and resources are needed to bring the technology to market, an exclusive license may be necessary and appropriate as the same will provide an incentive to the licensee to bear the risks of further development.

b. School Contracts

i. All contracts for research and the production of creative works, regardless of source of funding, should include provisions for ownership of intellectual property rights and resulting tangible materials, means for the determination of authorship as well as processes for settling disputes on authorship or inventorship.

ii. No allocation of funds from the school shall be made for research and the production of creative works unless the same are covered by contracts containing the provisions required under (i) above.

8. ADDITIONAL PENALTIES

Aside from penalties which may arise from the violation of any other law of school policy or guideline, any person(s) found to have violated any of the provisions of this policy shall suffer the following penalties:

a. Ineligibility for research grants from the school for a period not to exceed three (3) years; and

b. Removal from any school administrative position and disqualification for any administrative position for a period not exceeding three (3) years.

9. EFFECTIVITY

Conditions for Effectivity – This policy shall take effect after

a. An extensive information and education campaign to be led by the Research and Development Office in coordination with the various units, the College Deans and Vice President for Academic Affairs, which shall commence no later than the approval of this policy by the School President;

b. The publication of this policy

i. in the school website; and

ii. in the relevant school handbooks and manuals.

For further inquiries, please contact:

Data Protection Office

Sacred Heart College of Lucena City, Inc.

1 Merchan Street

Lucena City, Quezon 4301

e-mail: shcdpo@shc.edu.ph

REFERENCE:

  1. 2012 Revised IPR Policy of the UP System. Retrieved on Dec 5, 2020 from http://iskwiki.upd.edu.ph/images/a/a2/2012-Revised-IPR-Policy-of-the-UP-System.pdf