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سياسة الملكية الفكرية وتقاسم الدخل في مؤسسة قطر

1. Objective

The purpose of this document is to provide a set of guidelines for the ownership, management and utilization of Intellectual Property generated by the ‘National Priorities Research Program’ and ‘National Priorities Research Program – Exceptional Proposals’ research funding programs in addition to all Research Funding Programs administered by QNRF in which QNRF provides sole funding. The NPRP and NPRP-EP are intended to support QNRF in its goals of fostering a research culture in Qatar, the development of human capital, raising Qatar’s profile within the international research community and fund research to provide benefit to Qatar and the Global community. The intent is to ensure that the inventions developed under the performance of the Agreement would result in their exploitation and beneficial use in Qatar. Further, the Policy aims to support Qatar’s development missions by building a strong IP portfolio upon which to attract leading research and commercial partners.

Notes: These guidelines are applicable to all future awards made under NPRP (including cycle 7 to be announced in May 2014), all NPRP-EP projects and all future cycles of JSREP, PDRA, GSRA. It does not affect Intellectual Property resulting from on-going or existing projects subject to agreements executed under the former Policy. This document is provided for informational purposes only. All terms and conditions associated with intellectual property will be governed according to the terms and conditions of a formal contract executed by the parties.

2. Guiding Principles for Intellectual Property for QNRF Research Funding Awards

In 2014, the Qatar Foundation is beginning to seek research proposals that bear upon a set of "grand challenges" confronting the State of Qatar and the region. It is now increasingly important that the inventions derived from QF’s sponsorship of research be available first for use by Qatar. The new IP Policy is designed to increase the likelihood of this occurring. The Policy distinguishes between Awardees who are Qatari entities and those that are not. Qatari entities are those established under a Qatari law or decree, or commercial entities incorporated or registered in Qatar, whose share capital is at least 51% owned by Qatari nationals. The new features of the Policy are illustrated in Figure 1.

Intellectual Property Policy

  1. Guiding Principles on IP Rights of Awards to Non–Qatari Entities
    In exchange for an assignment of right, title and interest in Awardee’s Project Intellectual Property to QF, QF will grant to the Awardee:
    • An irrevocable, world-wide, royalty-free, non-exclusive license to practice the Project IP for education, research and development purposes;
    • The right to receive an equal share of the net IP revenues derived from the Project IP on which participating researcher is a named inventor. QF will bear all the costs of protecting, registering, commercializing or defending the Project IP.;
    • The opportunity to license Awardee’s background IP to QF, if required for the use or exploitation of the Project IP, on commercial terms.
  2. Guiding Principles for IP Rights of Awards to Qatari Entities
    The IP Policy is based on applying the principles of the US Bayh-Dole Act to Qatar. Inventions arising from government funding of research at Qatari institutions will be owned by Qatari institutions. Foreign institutions receiving research awards (100% of funding of research proposals) that result in IP will share equally with QF any resulting net revenues (without bearing the costs of patenting or marketing) in exchange for an assignment of the IP. There are exceptions to the requirement to assign that include:
    • Inventions made by non-Qatari institutions that provide a significant contribution to the funding of the project, either through direct infusions of money or in-kind resources, will be jointly owned by QF and the institution and all costs and revenues from the IP will be shared.
    • If an awardee has significant background IP whose value may be affected by the loss of foreground IP, an alternative to assignment will be negotiated. 
    • If an awardee institution is prevented by the clear requirement in law prohibiting the assignment of IP, an alternative to assignment will be negotiated.
  3. Additional IP Related Requirements for All Award
    Both Qatari and non-Qatari awardees must also agree to the following:
    • Awardee shall ensure that all rights, title and interests in Project Intellectual Property are retained by Awardee under any subcontracts, sub-awards or other third party agreements.
    • Royalty sharing schemes with sub-awardees is at the discretion of the Awardee and will not exceed the share due to the Awardee.
    • Awardees (and sub-awardees) are required to submit Invention Disclosures directly to QF’s Intellectual Property and Technology Transfer (IPTT) office at http://www.qf-research-division.org/iptt/ to ensure consistency with QF IP objectives and policies. This can be also submitted via QNRF’s Q-Grants system.
    • Participating researchers are requested to notify the IPTT office via email at IPTT@qf.org.qa prior to any public disclosures which may compromise QF’s IP interests. Public disclosures include lectures, posters, abstracts, website descriptions, research proposal submissions, dissertation/master’s thesis, publications, or other public presentation of an invention. The IPTT office will never intentionally jeopardize a researcher’s ability to publish. It’s important to understand, however, patent rights are affected by publication. If you are unsure if your material may contain potentially patentable material, please contact the IPTT office.

    Any questions regarding the implementation of this Policy should be directed to the IPTT office at at IPTT@qf.org.qa

Definitions

"QF"
means Qatar Foundation for Education, Science and Community Development, a private institution for public benefit enacted under Qatar Law 21 of 2006, through its Research and Development Division.
"IPTT"
means QF’s office of Intellectual Property and Technology Transfer, an organization within QF responsible for the management of QF owned Intellectual Property.
"Intellectual Property"
means all intellectual property including, without limitation, copyrights and similar rights, database rights, utility models, trademarks, inventions, service marks, patents, design rights (whether registered or unregistered), topography rights, know-how, trade secrets, confidential information, trade names, rights and applications for any of the foregoing anywhere in the world and all other legal rights protecting intangible proprietary information. Qatar Foundation Intellectual Property Guiding Principles for QNRF’s Research Funding Programs
"Project IP"
means all Intellectual Property created and/or first reduced to practice in the course of performance of by Awardee under this Agreement.
"Background IP"
means all Awardee, QF Intellectual Property, and third party Intellectual Property, including but not limited to inventions, patents, trademarks, copyrights, computer software, and tangible analysis techniques created and first reduced to practice prior to or outside the scope of this Agreement.
"Qatari Entity"
means an entity established in Qatar under a Qatari law or decree; or a commercial entity incorporated or registered in Qatar in which at least 51% of the issued share capital is owned by Qatari nationals.