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Ownership rules:
Default (statutory) regime for the ownership | Creator / inventor |
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Default (statutory) regime for employee’s creations | Employer, unless otherwise stipulated under a contract. |
Ownership of research results in publicly sponsored research | The HEI owns it, but there are specific conditions ruling over reinvestment and royalties. When there is state funding for research, HEIs shall reinvest part of the royalties received from the marketing of those inventions to generate a continuing supply of research funds and encourage researchers by giving them a share of the proceeds from the innovations, in accordance with the legislation in each Member Country of the Andean Community. |
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually | Entities receiving state funding for their research shall reinvest part of the royalties received from the marketing of those inventions to generate a continuing supply of research funds and encourage researchers by giving them a share of the proceeds from the innovations, in accordance with the legislation in each Member Country of the Andean Community. |
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually | Entities receiving state funding for their research shall reinvest part of the royalties received from the marketing of those inventions to generate a continuing supply of research funds and encourage researchers by giving them a share of the proceeds from the innovations, in accordance with the legislation in each Member Country of the Andean Community. |
Related law (name & link) | Decision No. 486 Establishing the Common Intellectual Property Regime (Andean Community) Decision No. 351 Common Provisions on Copyright and Neighboring Rights (Andean Community) |
Dissemination rules:
Limitations on publication | Information not available |
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Specific rules regarding publication of scientific results financed by public bodies | Information not available |
Non-disclosure clauses in research contracts | Information not available |
Specific incentives for innovation activities:
Related Law (name & Link) | Information not available |
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Incentives provided by law for individual researchers | Information not available |
Related Law (name & Link) | Information not available |
Incentives provided by HEI for researcher | Information not available |
Form of commercialisation:
Form of commercialisation | Requirements regarding form of contract | Limitations for HEIs | HEIs Unit responsible for commercialisation | Related law (name & link) |
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Transfer, Licensing of IPRs | Written form, applications via competent national authority. | None | None | Decision No. 486 Establishing the Common Intellectual Property Regime (Andean Community) Decision No. 351 Common Provisions on Copyright and Neighboring Rights (Andean Community) |
Revenue sharing:
Remuneration/ Participation in revenues | Statutory rules regarding remuneration | Statutory rules regarding revenue sharing | Internal HEIs rules regarding revenue sharing | Related law (name & link) |
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Industrial Property and Copyright | Inventors and creators have the right to adequate remmunerations depending of the circumstances and economic value of the license. | None | None | Decision No. 486 Establishing the Common Intellectual Property Regime (Andean Community) Decision No. 351 Common Provisions on Copyright and Neighboring Rights (Andean Community) |
Models of contracts used in R&D:
Type of contracts | Short description | Source (link) |
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Information not available |