How to Protect Intellectual Property

DIAGRAM HERE - Protection of intellectual property at MENDELU

Industrial law
Industrial law means the protection of the results of technical creative activities (inventions and utility models), objects of industrial design (industrial designs), as well as the right to designation (trademarks and designations of origin) and, last but not least, the design of semiconductor products ) and more.

Industrial rights protect inventions, improvement designs, industrial designs, and utility models. Industrial rights are created by the decision of the relevant administrative authority.

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Copyright is a branch of law that deals with the legal relationships of users and creators of so-called "works of art" with the relevant works.

Copyright is part of so-called intellectual property.

Copyright does not protect ideas or ideas themselves; protects only specific works, concrete expressions of such ideas, work in an objectively perceivable form. The author's work is only a unique result of the creative activity of the author; it is not a theme, a message, information, a method, a theory, a formula, a graph, a table of physical constants, an output of a computer program, etc.

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Protecting the intellectual property of the university is necessary, first, for the assessment of scientists and institutions in accordance with the public system of higher education institutions (RIV points).

But also, and in particular so that commercial inventions and results of university research and development that could be useful for companies or other research institutions can be commercialized. These must be sufficiently protected from competition or alienation in practice before applying them, and such legal instruments as patents, utility models, industrial designs, etc.,

The whole process is quite complicated, but the inventors of the new inventions simply follow the decoder below for the originator. If you have any questions, please contact your technologist scout for your faculty (VIZ CONTACTS) or any other CTT MENDEL employee.

10 rules for the originator:

1. The protection of intellectual property is important for both MENDELU and scientists
2. The disclosure of the invention is subject to a reporting obligation
3. The exercise of property rights to an employee's invention belongs to the university
4. The protection and commercialization process is regulated by Directive No. 3/2012
5. You can not publish the results before submitting and formally accepting the patent application
6. Various forms can be used to protect industrial property
7. During the patenting process, MENDELU may represent a specific authorized person only
8. When cooperating with research partners, it is necessary to clarify the rights to use the invention
9. Sensitive information is protected on CTT MENDELU
10. CTT MENDELU available to scientists

1. Intellectual property protection is important for both MENDELU and scientists

Research results protected by a patent or utility model can often be offered for commercial use by companies - it is a so-called transfer technology. The university, institutes, and agents gain a financial share of earned revenue, as well as valuable contacts and feedback from the practical application of the invention, useful for further research.

2. The disclosure of the invention is subject to reporting obligation

The creation of a research result that can be registered for the protection of intellectual property is subject to the legal duty of the originator to immediately notify the employer of the invention, ie the university. The statement is a simple and brief form, which is then forwarded to CTT MENDELU.

Just contact CTT MENDEL, which will bring you the form and help fill it out.

The originator will then receive the Certificate of Asset Receipt, dated and signed by CTT MENDEL.

3. The exercise of proprietary rights in an employee's invention belongs to the University

The invention arising from the research activity of a person in an employment relationship by law belongs to an employer (university). If such a invention is used by the university for commercialization, the originator is entitled to financial reward. However, if the employer does not notify the originator of the intention to use the invention within three months of the disclosure of the invention, the latter shall return the right to the originator and shall be able to patente and commercialize it at his own expense and for his own benefit.

4. The protection and commercialization process is regulated by Directive No. 3/2012

Mendel intellectual property rules, obligations and processes are governed by Directive No. 3/2012 on the protection and commercialization of industrial property.
After the announcement of the invention, the CTT MENDELU staff will, in cooperation with the originator, provide additional information about the invention and its potential. Subsequently, the process of deciding whether the university will use the invention and whether the protection of intellectual property and commercialization will be carried out. The team of CTT MENDELT team is provided with the necessary steps.

5. Results can not be published before submission and formal acceptance of the patent application

Every scientist has the right to publish his research results. Early publication of the technical merits of the invention would make it impossible to grant a patent! Patent offices, in the form of an article, diploma thesis, public lectures etc., are considered by law to be part of the state of the art and consequently can no longer grant patents. However, it is possible to publish them immediately after the filing date of the application for registration.

 6. Various forms can be used to protect industrial property

Industrial property refers to the results of creative activity (intellectual property) that are new and industrially / commercially usable. A patent (up to 20 years) or a utility model (validity up to 10 years) is used to protect the technical solution. To protect the design and appearance of the products, an industrial design (up to 25 years) is used, sometimes a trademark (the term may be indefinite), but it is mainly used to protect the graphic representation of products, services and trade names. The protection of plant variety rights (up to 30 years) is relevant and important for MENDELU.

7. During the patenting process, only a specific authorized person may represent MENDELU

The legal acts connected with the filing of the application and the representation of MENDEL towards the patent offices may be performed only by the statutory representative (rector) the authorized person. This power of attorney has the Director of CTT MENDELU - MVDr. Ing. Václav Trojan, Ph.D.

 8. When working with research partners, it is necessary to clarify the rights to use the invention

In the event that employees of other research organizations or firms have been involved outside the MENDEL staff, the property rights associated with research results (eg the invention) are shared with this external organization. Therefore, prior to the start of research cooperation, it is necessary to agree and contractually determine relationships with the results of the joint action and the cost-sharing ratio and the future revenues between the partners. If the university carries out custom-made research for the company, then the client has agreed outputs - however, MENDELU a priori is interested in further exploiting the industrial property (especially for patenting and eg selling licenses to other potential customers) - if possible , the University's right to negotiate and negotiate contract research results.

9. Sensitive information is protected on CTT

The employees of CTT MENDELU have agreed strict rules in the contract of work to ensure the protection of sensitive information. However, sensitive information about new inventions needs to be protected by third parties, as well as by inventors and other employees - especially in the pre-filing phase. Otherwise, the possibility of obtaining a patent or the loss of competitive advantage in subsequent commercialization could be lost.

10. CTT MENDELU available to scientists

The team of CTT MENDELU provides information to the originators and also assists them with the whole process of ensuring the protection of intellectual property. It has the necessary knowledge and means of payment for the services of lawyers and patent attorneys - hence ensures, coordinates and controls the work of patent attorneys and assists in preparing the necessary contracts. For any queries and requests, please contact CTT MENDELU or a Technology Boy Scout for your faculty.