Rector's Directive No. 46/2018 ****************************************************************************************** * ****************************************************************************************** ****************************************************************************************** * The Directive of the Rector of Charles University Regarding the Management of Intellectu Rights at Charles University ****************************************************************************************** Date of effect: 12 November 2018 *========================================================================================= * Introductory Provisions *========================================================================================= 1.The protection and management of intellectual property particularly in the form of innov Charles University (“University”, “CU”) are governed by the legal order of the Czech Rep EU laws, respective international treaties and internal regulations of the University. T countries, if relevant, would apply with necessary modifications. 2.An authorial work for the purposes of the Directive herein and other relating directives as a literary, artistic or scientific work which is a unique outcome of creative activit author or a group of authors and is expressed in any objective permanently or temporaril format, including an electronic format, irrespective of the extent, purpose and signific work. An authorial work includes a computer program, database whose mode of selection an is a product of the author´s mental faculty, a work produced by processing another work translation of a work into another language, and a collective work. 3.An outcome of technological creative activities for the purposes of the Directive herein relating directives is a patent, biotechnological patent, utility model, design, technol how, other technological solutions or designs not covered by the previous categories and objects sui generis particularly industrial property under the respective foreign legal country where such property is protected or provided with other rights. A computer progr outcome of technological creative activities if such program fulfils the requirements of under a respective legal order. *========================================================================================= * Part I - Common Provisions *========================================================================================= ------------------------------------------------------------------------------------------ Article 1 - Scope of the Directive ------------------------------------------------------------------------------------------ 1.This Directive governs the management of intellectual property rights at Charles Univers 2.This Directive is to implement section 16 (3) of Act No. 130/2002 Sb., regulating the su research, experimental development and innovations from public funds, and changes to som as amended. *========================================================================================= * Part II - Authorial Work *========================================================================================= ------------------------------------------------------------------------------------------ Article 2 - Person of an Author ------------------------------------------------------------------------------------------ 1.An author under section 5 of Act No. 121/2000 Sb., the Copyright Act, as amended (“Copyr individual who has produced a work, and/or an individual who has compiled or arranged a in a creative manner. 2.A co-author is an individual who has produced a work, and/or an individual who has compi a collective work in a common creative manner collaborating together with another indivi individuals in order to complete a common single work. ------------------------------------------------------------------------------------------ Article 3 - Work-for-hire Regime ------------------------------------------------------------------------------------------ The application of a work-for-hire regime is governed by section 58 of the Copyright Act a Directive No. 17/2018 regulating the application of a work-for-hire regime at Charles Univ ------------------------------------------------------------------------------------------ Article 4 - School Work ------------------------------------------------------------------------------------------ 1.Under section 35 (3) of the Copyright Act, a school work for the purposes of the Directi work produced by a student of the University within the fulfilment of his or her study d from the relationship between the student and the University. 2.Under regular circumstances, Charles University has a right to request that the student licence to Charles University for using the school work in compliance with section 60 of Act. ------------------------------------------------------------------------------------------ Article 5 - Work Produced with Support of CU ------------------------------------------------------------------------------------------ 1.Where the University supports the production of a work primarily through funding particu of internal grant competitions at the University or faculty levels, the employee of the charge of administration of such support is obliged to arrange for a written promise of produced thereby to assign the licence to the University. 2.This Article is without prejudice to the application of the work-for-hire regime. *========================================================================================= * Part III - Outputs of Technological Creative Activities *========================================================================================= ------------------------------------------------------------------------------------------ Article 6 - The Person of an Inventor ------------------------------------------------------------------------------------------ 1.An inventor under section 8 (2) of Act No. 527/1990 Sb. regulating inventions and techno innovation proposals, as amended (“Patent Act”), is an individual who has produced the o technological creative activities by their own creative work. 2.A co-inventor is an individual who has produced the output of technological creative act with another inventor or other inventors. ------------------------------------------------------------------------------------------ Article 7 - Basic Statutory Elements of an Invention Made for Hire ------------------------------------------------------------------------------------------ 1.The following conditions must be met in order to apply the regime of an invention made f section 9 of the Patent Act: a.The invention is made within the fulfilment of duties resulting from a respective empl relationship (based on an employment contract, or an agreement to complete a particula agreement to work); and b.By the time of completing the invention no regime is agreed between the inventor and t would derogate from provisions stipulated in section 9 of the Patent Act. 2.The inventor is obliged, immediately after the invention has been made, to notify the em invention in a manner allowing for assessment of the invention; such notification is to the dean of a respective faculty, director of a respective unit of the University or to the CU. A manner allowing for assessment of the invention should be understood as fillin issued by the Centre for Knowledge and Technology Transfer of Charles University (“CKTTC 3.The dean of a respective faculty, director of a respective unit of the University or the as the case may be, is obliged to express an opinion regarding the invention within thre the notification, namely whether the right to the patent is to be claimed or waived. Sho a case deserving special consideration as to the right or the waiver in the meaning of t sentence, the Rector of CU may be called to take a position. The Rector is to decide in the recommendation provided by the CKTTCU. 4.The inventor´s obligation under paragraph 2 above to inform that the invention has been prejudiced by the fact that the invention might have been co-produced by persons not emp University. 5.Until the employer expresses the opinion under paragraph 3 above the inventor and the em derogate in their agreement from section 9 of the Patent Act; they may agree that the ri patent belongs to the inventor, who is to enter into a licence agreement with the employ utilisation of the invention. Derogation from the statutory regulation may apply to the respective fees. 6.If all requirements under section 9 of the Patent Act have been met and the right to pat paragraph 3 above has been exercised, the employer holds all the rights to own and use t the moment of its creation. The inventor may not use the invention for hire nor license parties unless otherwise agreed before the opinion of the employer under paragraph 5 abo issued. 7.The rights and duties resulting from section 9 of the Patent Act remain unaffected after of employment at Charles University of the inventor. ------------------------------------------------------------------------------------------ Article 8 - An Invention Made with Support of Charles University ------------------------------------------------------------------------------------------ 1.If the University financially supports the making of an invention, in particular within grant competition at a faculty or University level, the employee of the University in ch administration of such support is obliged to acquire a written promise of the inventor w natural person with respect to the University that the inventor is to assign the right t the University. 2.If a student of the University is the inventor who has made the invention within the ful study and relating duties in cooperation with an employee of the University such employe without undue delay, to arrange for a written promise of the student to assign the paten University. 3.Inventors under paragraphs 1 and 2 above are considered employees of the University for Article 11 hereafter and exclusively with regard to the patent. 4.The right of an inventor to be designated as the inventor is not prejudiced thereby. 5.The application of the invention-for-hire regime of is not prejudiced by provisions of t ------------------------------------------------------------------------------------------ Article 9 - Other Results of Technological Creative Activities of Employees ------------------------------------------------------------------------------------------ Provisions of Articles 6, 7, 8 and 11 of this Directive apply by analogy to other results creative activities (see paragraph 3 of the Introductory Provisions). ------------------------------------------------------------------------------------------ Article 10 - Ensuring Legal Protection of Industrial Property ------------------------------------------------------------------------------------------ 1.The University through the CKTTCU provides to its employees and students information, le supportive services with respect to the legal protection of results of technological cre and its potential commercial use, and is responsible for the registration of such result 2.Costs of the legal protection are borne by a faculty or a unit of the University where t industrial property object was created, or the CKTTCU upon an agreement between the dean Director of the CKTTCU; alternatively the costs are charged to the CKTTCU if the opinion 7 (3) has been expressed by the Rector. The faculty or the unit of the University may ap CKTTCU, for funds to cover costs of the legal protection of industrial property applicab application is to be decided by the Rector. ------------------------------------------------------------------------------------------ Article 11 - Fee for an Inventor ------------------------------------------------------------------------------------------ 1.An inventor who made an invention for hire under Article 7 regarding which the Universit its right to patent has the right to a reasonable fee under section 9 (4) of the Patent of a fee is to be determined according to the technological and economic significance of benefits resulting from its potential use or other manner of implementation; the scope o duties of the employee and the employer´s material share are to be considered. Should a obviously disproportionate to the subsequently reached benefit resulting from the use or implementation of the patent, the inventor has the right to supplementary settlement. 2.Neither other fees to be paid under internal regulations of the University or a respecti or other units of the University, nor the amount of wages of the employee, are to be pre reasonable fee and/or supplementary settlement paid for the invention under paragraph 1. 3.If an invention has been made by a team of inventors the team is considered to be an inv purposes of computing the fee. The fee is distributed within the team according to the d leader of the team reflecting the share of every member of the team in making the invent out to be impossible to follow such criterion the fee is distributed in equal shares. Th team is an inventor whose share in making the invention is presumably most extensive, or has been designated as leader upon agreement of the team. 4.The amount of a reasonable fee is to be set individually in every single case of making compliance with internal regulations and applicable practice of respective faculties or the University. However, the amount must not be lower than CZK 2,000 for every inventor. 5.The amount of supplementary settlement is to be set as percentage of net proceeds of the commercialisation of an invention under the following criteria: Net proceeds of CU from the amounAmount of fee for the inventor Share of the faculty up to CZK 1 million 55 % 30 % CZK 1 million to 5 million 550,000 + 40 % of the amount abov300,000 + 40 % of th million million above CZK 5 million 2,150,000 +25% of the amount abov1,900,000 + 45 % of million million 6.Net proceeds are understood as the balance between income from commercialisation of the all expenditures on the part of the University spent on marketing the invention, particu of the legal protection of industrial property. 7.Supplementary settlement is to be paid to the inventor every year usually within four mo termination of the relevant accounting period during which the University received the i commercialisation of the invention. 8.If the invention has been made by several co-inventors the supplementary settlement amou distributed among them in equal shares unless their prior written agreement stipulates o 9.Termination of employment of an employee may not result in any way in restricting the em to supplementary settlement. ------------------------------------------------------------------------------------------ Article 12 - Consultation Activities and Assistance in Implementing the Directive ------------------------------------------------------------------------------------------ 1.The CKTTCU is responsible for providing consultation and legal assistance in implementin Directive. 2.Deans of faculties and directors of other units are obliged to inform the CKTTCU of the contact data of persons designated and appointed as technological scouts or coordinators and technology transfer in their respective institutions, as well as persons responsible data to the central register of industrial property, should these two persons differ. Th to be performed within one month from the effect of this Directive and without undue del be a change at either position. 3.Heads of individual units of the University, particularly of departments and institutes, that all employees, students and other persons whose rights may be affected by this Dire duly acquainted with the content of this Directive. ------------------------------------------------------------------------------------------ Article 13 - Final Provisions ------------------------------------------------------------------------------------------ 1.Further details regarding the management of intellectual property rights at the Universi governed in compliance with this Directive at faculties as a Dean´s Directive, or at oth units in the form of a Director´s Directive. Should there be any conflict between provis Directive and directives issued by faculties and/or other units the Directive herein tak the conflicting Dean´s or Director´s Directive should be made conforming to this Directi than within three months of the effect of the Directive herein. Drafts of new Dean´s or Directives are to be submitted to the CKTTCU for consultation before their final approva 2.This Directive becomes effective on 12 November 2018. Prague, 8 November 2018 prof. MUDr. Tomáš Zima, DrSc., MBA