Patents And Copyrights
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Patents and Copyrights

The cardinal aim of GIF's patent policy is to ensure both the respective rights of Grantees and the overall scientific progress of the sponsoring countries. Of course, the use of the research results for the benefit of the advancement of prosperity for the international community is also taken into consideration. GIF's regulations are intended to strike a balance between these objectives.
  1. Definitions as used in this provision
    • The term "invention" includes conventional discoveries, designs, work processes and methods, and any other equivalent form of discovery.
    • The term "patent" includes any legal protection afforded to inventions, whenever available.
    • The term "Governmental purposes" does not encompass the preparation, manufacture, production, marketing, distribution or sale for commercial use or purposes embodying or utilizing the invention in question.
    • The term "Grantee" means Principal Investigators or affiliated institutions or both, jointly or separately, as the case may be, who have signed the Research Grant Agreement, or any transferee of the rights of the above, (hereinafter "the Grantee").
    • The term "made", when used in relation to any invention, means the conception or first actual reduction to practice of such invention.
    • The term "practical application" means: in the case of composition or product -- to manufacture;
       in the case of a process or method -- to practice; or in the case of a machine or system -- to operate. In each case under such conditions as to establish that the invention is being utilized and that its benefits are to the extent permitted by law or government regulations available to the public at reasonable terms.
       
  2. Confidentiality
    • The GIF will do its best to observe the strictest confidentiality in handling research proposals, but cannot guarantee such confidentiality.
    • The confidentiality of Grantee's proprietary data, so designated, shall be strictly observed to the extent permitted by appropriate national law.
    • As a rule, there will be no restriction on the publication of research results by a Grantee, except when taking into consideration effects of prior publication on subsequent patent rights and the GIF's license to use copyright material.
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  4. Patents
    • An invention or discovery made or conceived by the Grantee as a result of research sponsored entirely or partly by the GIF (called hereunder -- an Arising Invention) should be reported fully and without undue delay to the GIF, to obtain GIF approval of any patent application in regard thereof
    • The rights and obligations with regard to Arising Inventions are as follows:
      • The Grantee has the first option to apply for patent protection in the Federal Republic of Germany, in Israel or in third countries. To exercise this option, he/she must
        • At the time of reporting under sub-paragraph 1 above, inform the GIF of the intention to apply for patent protection and specify in which countries he/she intends to apply in this matter, and
        • Within six months of having made the above report, furnish written proof to the GIF of having made actual application for said patent protection
        • Indicate the respective rights and obligations devolving upon P.I.s (and their respective affiliated institutions where applicable), as well as any employees or other third parties connected with the research and the Arising Invention. The relevant statement should be countersigned by all interested parties
        • Inventions made by employees of Grantees and/or their subcontractors will be governed by the national laws of the Grantees countries of origin.
      • The Grantee may enter licensing agreements on Arising Inventions which he/she has patented, to manufacture, use or sell such inventions in Israel, Germany or third countries, subject to the following conditions (which will be made an integral part of any such agreement)
        • The governments of Germany and Israel are entitled to irrevocable non-exclusive royalty-free licenses to use any Arising Invention within their countries, as well as within third countries, for non-commercial governmental purposes
        • Should the Grantee not make the Arising Invention available on a commercial basis within a period of two years after the completion of the project, the governments of Israel and Germany and nationals of these countries are entitled to contractual, non-exclusive licenses on a non-discriminatory commercial basis to manufacture, use or sell any Arising Invention within their respective countries. Should it find it necessary to activate the practice of any Arising Invention, the GIF may approve the granting of limited exclusive licenses to German and Israeli nationals and establish the terms of such licenses, subject to the rights of the governments in sub-paragraph (b)(i).
        • All licensing agreements will require the licensee to describe the GIF support to the research leading to the inventions on the material produced there under
      • The Grantee will turn over to the GIF 25% of the royalties calculated before costs of the patent in force, for the manufacture, use or sale of any patented Arising Invention. These payments will not exceed the amount of the original grant including interest
      • The GIF may, at its discretion, patent any Arising Invention for which the Grantee has not sought patent protection in accordance with sub-paragraph 2a. above, and in all countries in which such protection was not sought. The Grantee shall furnish any information, documents or assistance needed by GIF to give effect to its rights.
      • Should the Grantee desire to cede his/her rights to any Arising Invention, whether patented or not, to a third party, he/she must obtain prior written approval from the Director of the GIF The GIF reserves the right to claim participation in the profits resulting from any such Arising Invention which was due to research funded by it.
      • To ensure that the above respective rights of the Grantee and the GIF will not be infringed
        • the GIF undertakes not to divulge or make public any information communicated to it by the Grantee under sub-paragraph C.1. above and regarding which the Grantee informed the GIF that he/she intends to seek patent protection in accordance with sub-paragraph 2a (i) above, and this for a period of six months from the date of the communication.
        • The Grantee undertakes not to divulge or make public any information regarding an Arising Invention for which he/she did not inform the GIF that he/she intends to seek patent protection in accordance with sub-paragraph 2a(i) above or for which he/she did not actually apply for patent protection under sub-paragraph2a(ii) above, and this for a period of 12 months from the date of communication of the said information under sub-paragraph 1 above.
    • The provisions of sub-paragraphs 2c and 2d do not apply to preexisting patentable inventions regarding which the Grantee informed the GIF in his application for the grant. In such a case additional patents and other rights shall be subject to a special agreement to be negotiated by Grantee and GIF.
       
  5. Publication Rights and Copyright arising from Research Findings
    • Subject to the existence or exercise of patent rights, copyrights or other proprietary rights, results of research sponsored by the GIF may be made available by the GIF or the Grantee to the world scientific and technical community through customary channels.
    • Copyright on research reports or other written material embodying the results of research sponsored by the GIF belong to the GIF However, the GIF will exercise such rights only when it is necessary to provide incentives for the maximum dissemination of such material.
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