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Ownership rules:
Default (statutory) regime for the ownership | Patent: inventor or his successor in title |
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Default (statutory) regime for employee’s creations | Employer |
Ownership of research results in publicly sponsored research | There is no specific scheme for university patents. They are governed by the regulations concerning inventions and patents that are created under a contract of employment. National law, but note that this regulation is usually developed by internal University rules. Inventions, designs and models created by researchers in the course of their public work belong to them and to the institution that they work for. The registration of the intellectual property rights is granted to both the individual inventor or research team and the institution. Joint ownership. |
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually | There is no specific scheme for university patents. They are governed by the regulations concerning inventions and patents that are created under a contract of employment. In those cases where the invention was created under a contract of employment that is assumed to involve an inventive step, patent rights belong to the enterprise. If the inventive step is not specifically remunerated, the inventor is entitled to remuneration, according to the importance of the invention. Unless otherwise stipulated, the previous provisions are applicable to the State and governing bodies, as well as to public officials of any type. |
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually | There is no specific scheme for university patents. They are governed by the regulations concerning inventions and patents that are created under a contract of employment. |
Related law (name & link) | Industrial Property Code approved by Decree-Law 36/2003 of 5 March Decree-Law 124/99, April 20th, Estatuto da Carreira de Investigação Científica |
Dissemination rules:
Limitations on publication | If the patent was not applied for on behalf of the inventor, he/she has the right to be mentioned as such in the application and patent title. If requested by the author in written, he/she may not be mentioned as such in subsequent publications. |
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Specific rules regarding publication of scientific results financed by public bodies | Some public Universities regulate the conditions for the publication of the results achieved. |
Non-disclosure clauses in research contracts | It is a common clause. |
Specific incentives for innovation activities:
Related Law (name & Link) | |
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Incentives provided by law for individual researchers | |
Related Law (name & Link) | |
Incentives provided by HEI for researcher |
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 or contractual licence of patents and other industrial property rights | Written form | Information not available | Information not available | Industrial Property Code approved by Decree-Law 36/2003 of 5 March |
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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Information not available |
Models of contracts used in R&D:
Type of contracts | Short description | Source (link) |
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R&D Results Ownership Agreement | Model of a contract that: Determines ownership of the rights to the R&D results of the research action/project; Entitles one Party to apply for a patent right claiming those R&D results; Establishes the formula for sharing revenue arising from commercial exploitation of the R&D results; Ensures current management of the patent right and other parties´ rights and obligations. | |
R&D Results Co-Ownership Agreement | Model of an agreement that determines ownership of the intellectual property rights to the results of the R&D work to be carried out by the parties, establishes legitimacy for performing all measures necessary for protection of the results and defines the rules regarding cost and revenue sharing resulting from protection of the rights and ensuing economic exploitation. | |
Contract Research Agreement | Model of a research contract that : Identifies the technologies to be transferred by the RD to the Company against payment; Establishes a time schedule for the R&D work to be carried out by the RD; Determines ownership of the intellectual property rights to the parts making up the above-mentioned technologies and other instructions and technical information or know-how. |