India

Country code: 

IN

Flag: 

Ownership rules: 

Default (statutory) regime for the ownership

Author / inventor

Default (statutory) regime for employee’s creations

Employer

Ownership of research results in publicly sponsored research

The resreach institute, unless specific contract concluded by the institue and the sponsor; if they enter into agreement then ownership could be: joint ownership, full ownership by either the sponsor or the institute.

Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually

As per individual institution rules.

Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually

As per individual institution rules.

Related law (name & link)

Copyright Act of 1957

Patents Act of 1970

Dissemination rules: 

Limitations on publication

If it is a patentable IP, then protection prior to publication is needed.

Specific rules regarding publication of scientific results financed by public bodies

Prior permission from the financer is required.

Non-disclosure clauses in research contracts

HEIs introduce non-disclosure/ confidentiality clauses in employment contracts of the research staff.

Specific incentives for innovation activities: 

Related Law (name & Link)

Income-Tax Act of 1961 (as amended by Finance Act)

Incentives provided by law for individual researchers

Tax incentives

Related Law (name & Link)

Income-Tax Act of 1961 (as amended by Finance Act)

Incentives provided by HEI for researcher

Participation in royalties depending on regulations within HEIs, Career promotion.

Form of commercialisation: 

Form of commercialisation

Requirements regarding form of contract

Limitations for HEIs

HEIs Unit responsible for commercialisation

Related law (name & link)

Licensing of IPR / Transfer of IPR

Written form (provisions of the contract not meeting the written form are invalid).

No

Generally through sponsored research and industrial consultancy sections (title may be different in different HEIs).

Copyright Act of 1957

Patents Act of 1970

Trade Marks Act of 1999

Creation of university spin-off companies

Written form (provisions of the contract not meeting the written form are invalid).

No share holding in company

Institute incubators

Companies Act of 1956

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)

Patents, industrial designs, trademarks, breeders and farmers rights, geographical indications and other forms of IP

Renumeration non-obligatory

Renumeration shall be proportionate to economic value of invention.

Institute specific rules depending on use of laboratory facilities.

Patents Act of 1970

Trade Marks Act of 1999

Designs Act of 2000

Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act of 2001

Geographical Indications of Goods (Registration & Protection) Act of 1999

Copyrights

Renumeration provided

Not specified

No

Copyright Act of 1957

Models of contracts used in R&D: 

Type of contracts

Short description

Source (link)

Most HEIs define their own template for contracts and agreements

For example all Indian Institute of Technology centers have their defined template for collaborative research contracts on their official websites and likewise other HEIs also have such templates modified according to their needs.

http://www.ircc.iitb.ac.in/webnew/R&DSpectrum/research-agreement.html