Country code:
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Ownership rules:
Default (statutory) regime for the ownership | Regime of the first applicant |
|---|---|
Default (statutory) regime for employee’s creations | Copyright: Employer, unless agreed otherwise. With regard to industrial property the subject is not provided for in specific legislation, but reference should be made to labor regulations - Labor Law, Workers and Women Workers - Articles 320-329. |
Ownership of research results in publicly sponsored research | The issue is not provided for in specific legislation, but reference should be made to labor regulations. According to Labor Law, Workers and Women Workers (Article 325), intellectual property which is created in course of employment relationship at public institutions, or if financed from public funds, is considered to be public domain; the author shall have the right to public acknowledgement. |
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually | There are no specific rules, except for the already provided considering employment relationships and publicly sponsored research. However, universities are entitled to establish their own rules for and sign agreements with their teaching staff, research staff and work staff. For example, Universidad de los Andes: Agreement governing the relationship between the University of the Andes and its Teachers and Staff Research |
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually | There are no specific rules, except for the already provided considering employment relationships and publicly sponsored research. However, universities are entitled to establish their own rules for and sign agreements with their teaching staff, research staff and work staff. For example, Universidad de los Andes – Agreement governing the relationship between the University of the Andes and its Teachers and Staff Research |
Related law (name & link) |
Dissemination rules:
Limitations on publication | There is no general system that establishes limitations on publication. |
|---|---|
Specific rules regarding publication of scientific results financed by public bodies | For example: Universidad Central de Venezuela - Facultad de Odontología - Acta Odontológica (Organo Central) |
Non-disclosure clauses in research contracts | There is no general norm governing this aspect, whereby each institution may agree to confidentiality in such contracts. |
Specific incentives for innovation activities:
Related Law (name & Link) | |
|---|---|
Incentives provided by law for individual researchers | Implementation of a system of accreditation through the possibility of financing projects of Innovation and Research, as programs and activities in science, technology and innovation. Provides incentives that recognize and value the results of research and technological developments in the field of the priority areas of science, technology and innovation, carried out in the research and technology centers, educational institutions, socio-communal spaces and other national institutions. |
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) |
|---|---|---|---|---|
There is no general way of marketing. Each entity has its own rules governing commercialization of the results of R&D. | There are no such requirements. However, for the assignment to have effect in relation to third parties, it shall be registered in respective register. | There are no such limitations. | There is no centralized office responsible for transfer or commercialization of research results. There are different offices in different institutions seeking marketing results. | Law on Copyright of 1993, Articles 50-57 Industrial Property Law of 1955, Article 4 Law of Seeds, Animal Reproduction and Biological Inputs of 2002, Articles 20-26 |
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) |
|---|---|---|---|---|
There is no general regulation that establishes the rule of apportionment of expenses and revenues from R & D activities and the subsequent exploitation of the results. Each institution may have its specific regulation. | There is no general regulation that establishes the rule of apportionment of expenses and revenues from R & D activities and the subsequent exploitation of the results. Each institution may have its specific regulation. | There is no general regulation that establishes the rule of apportionment of expenses and revenues from R & D activities and the subsequent exploitation of the results. Each institution may have its specific regulation. |
Universities are entitled to create their own rules and sign agreements with their teaching staff, research staff and work staff. Examples: Universidad Central de Venezuela - Reglamento Sobre los Ingresos Propios Generados por la Venta de Productos y la Prestación de Servicios a Terceros por parte del Personal Docente y de Investigación de la Universidad Central de Venezuela Universidad de los Andes - Acta convenio que rige las relaciones entre la Universidad de los Andes y su Personal Docente y de Investigación | Not available |
Models of contracts used in R&D:
Type of contracts | Short description | Source (link) |
|---|---|---|
Information not available |