POLICY ON INTELLECTUAL PROPERTY RIGHTS
1Intellectual Property (IP): refers to “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used for publication or commercialization”.
2Invention: refers to “any new and useful product, including chemical products, art, process, method or manner of manufacture, machine, apparatus, or other article, substance or article or product produced by manufacture and includes new and useful improvement of any of them and an alleged invention.”
3Intellectual Property Rights (IPR): refers to “the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period”.
It is further sub-classified as4:
- Patents (something original having ingenuity and newness in its process and design)
- Copyrights (right of printing, publishing and disseminating written material of original nature that is not already published, under the name of the author of the work or the publisher or the printer who undertakes such work for purposes of general benefit)
- Trademarks (any mark capable of being represented graphically, which is capable of distinguishing goods or services of one undertaking from those of another undertaking.
4Open access (OA): It is the permanent, free and public access to published material. It is also referred to as “public access” in some parts of the world. The cost of publishing of manuscript in such cases is recovered by article publishing charges.
5WIPO: World Intellectual Property Organization (WIPO) is an agency of the United Nations with 191 member states that serves as the global forum for intellectual property services, policy, information and cooperation throughout the world. Pakistan joined the membership of various WIPO bodies in 1977.
6IPO: Intellectual Property Organization of Pakistan (IPO-Pakistan) was established as an autonomous body in 2005 and is currently under the administrative control of the Commerce Division for integrated and efficient intellectual property management throughout the country. It is the regional head office of WIPO in Pakistan. The Trade Marks Registry, Copyright Office and the Patent & Design Office is serving under a unified and integrated management system of IPO-Pakistan.
7NQAC: National Quality Assurance Committee (NQAC) was formally constituted by Higher Education Commission Pakistan in 2003 with an aim to have a national forum for developing and implementing Quality Assurance related criteria and policies within its dominion.
University of Health Sciences (UHS) is a significant producer of knowledge and research, on both a national and an international scale. For the society to fully utilize its research output, UHS takes it as an obligation to disseminate and exploit its research results commercially. Subsequently identifying and creating IP and bringing research results to the next stage of development have become one of the foremost institutional objective. For this purpose, an institutional IP policy has been laid for successful collaboration between academia and commercialization partners so as to enhance University's reputation and legitimacy in society. This policy applies principally to Biomedica, official journal of UHS, Lahore.
Copyrights granted to Biomedica: In order for Biomedica to publish and disseminate research manuscripts, we need publishing rights. This is determined by a publishing agreement between the author and Biomedica. This agreement deals with the transfer of the copyright to Biomedica and authors retain significant and selective rights to use and share their own published articles. Biomedica encourages authors to share, disseminate and maximize the impact of their published research and these rights are defined in the Copyright Agreement Form as;
Rights of Authors: “Authors transfer copyright to Biomedica as part of a journal publishing agreement, but have the right to share their article for Personal Use*, Internal Institutional Use** and Scholarly Sharing** purposes. Authors however, retain patent, trademark and other intellectual property rights (including research data). Journal if reprints or disseminates the research findings, either full or partial, conforms proper attribution and accreditation for the published work to authors. This copyright also confers protection of specific content and context of the manuscript”
Rights of Biomedica: “Journal has the exclusive right to publish and distribute a manuscript, and to grant rights to others, including for commercial purposes† on its both online or printed platforms. Journal also holds the rights to publish the manuscript in any form and media so that the manuscript is available freely to public on the latest technology. Biomedica also possesses the authority to implement/enforce the copyrights of a manuscript, on behalf of author, against third party if plagiarism, frauds, disputes or copyright infringement is suspected through in-house legal department of UHS”.
*Personal use: Authors can use their published material, in full or in part, for a wide range of scholarly, non-commercial purposes as outlined below:
- Use by an author in the author’s classroom teaching (including distribution of copies, paper or electronic)
- Distribution of copies (including through e-mail) to known research colleagues for their personal use (but not for Commercial Use)
- Inclusion in a thesis or dissertation (provided that this is not to be published commercially)
- Use in a subsequent compilation of the author’s works
- Extending the Article to book-length form
- Preparation of other derivative works (but not for Commercial Use)
- Otherwise using or re-using portions or excerpts in other works
In all cases mentioned above, each author is required to fully acknowledge Biomedica and, if appropriate, a link to the final published version hosted on UHS website m ay be given
**Internal Institutional Use / Scholarly Sharing: It is defined as use by author's institution/organization/company for classroom teaching at the institution and for internal training purposes (including distribution of copies, paper or electronic, and use in course handouts and courseware programs, but not in Massive Open Online Courses). It also includes using the manuscript or its contents in applications for grant funding.
For all types of Use and Sharing described above, formal permission should be sought from Editor of Biomedica to reproduce any substantial part of a copyrighted work.
†Commercial use: Refers to use by Biomedica by advertising with the full-text of the article, by providing hosting services to other repositories or to other organizations (including where an otherwise non-commercial site or repository provides a service to other organizations or agencies), or charging fees for document delivery or access. For example article aggregation, systematic distribution of articles via e-mail lists or share buttons, posting, indexing, or linking for promotional/marketing activities, by commercial companies for use by customers and intended target audiences of such companies (e.g. pharmaceutical companies and healthcare professionals/physician-prescribers).
OBJECTIVES OF IPR POLICY OF UHS
The UHS policy on IPR adopted by Biomedica is considered instrumental in the free and fair growth in research dissemination and commercialization. It encompasses the following specifications:
- To provide a platform for the encouragement of discovery spirit among the authors and encourage and aid scientific investigation, research and technologic development under a legal certainty.
- To provide positive incentives to the employees for commercial use of the results of their work when circumstances permit and for traditional dissemination and public use of ideas, findings and IP (including teaching material) that has been produced at the University.
- To protect the ownerships rights of researchers / innovators with respect to their intellectual efforts through their own or collaborative R&D activities; unauthorized use or exploitation by third parties may be prohibited.
- To provide researchers assistance for patenting and commercialization of their creative work on a transparent framework with the public or private commercialization partners (industrial sponsors, consultants, non-profit organizations, SMEs, or governments).
- To ensure that economic benefits arising from these commercialization of IP are distributed in a fair and equitable manner by Biomedica recognizing the contributions of the inventors, the organization as well as any other relevant stakeholders.
- To warrant that name, insignias and logos of organizations are appropriately and justifiably used, and to receive a fair share of any commercial gains from the use of its names.
- To balance various conflicting interests of universities, industry and society ensuring compliance with applicable national laws and regulations.
- To promote global exchange creativity and innovation by collaboration in several domains, including compliance with the treaties and agreements underpinning international IP system through WIPO1.
- To equalize patents and other IP rights with impact factor publications as permissive under the regulations of NQAC6.
- To create awareness among all researchers working under the aegis of UHS for strict compliance with IP ordinance Act 2012 of Pakistan7; in case of infringement of intellectual property laws, trial and prosecution according to Pakistan Penal Code (XLV OF1860) Sections 478 to 489 will be carried out resulting in (1) Fine OR (2) Imprisonment for a minimum of two and a maximum of seven years OR (3) Both7 with a right to appeal.
GENERAL POLICY GUIDELINES
- These policy guidelines shall be applicable to all Intellectual Property developed or created in the course of publication of manuscripts in Biomedica.
- The jurisdiction of the policy extends to all involved personnel (students, researchers and research collaborators) and applies to all types of research or manuscripts submitted.
- This IP Policy shall cover all types of IP rights under IP Laws of Pakistan including the copyright laws, patent laws and trademark laws8.
- In consort with IPO-Pakistan, UHS is also governed by the guidelines and regulations on IP rights as declared by HEC Pakistan. Both IPO-Pakistan and HEC have developed their guidelines and legislations under the umbrella of WIPO1.
- Conflicts: The Editor shall deal with any claims for the title of patent/copyright. Final decision shall be communicated to all stake-holders affirming the ownership rights of original author(s).
- Infringement: In case of any offense or violation to IPR, the case in its factuality shall be submitted by Editor to the IP Tribunals for contesting or defending by a designated legal officer of UHS.
- Permissions: All permissions for use by authors shall be obtained officially through prescribed Proforma available on Biomedica website.
- What is Intellectual Property? World Intellectual Property Organization 2018. Available online at: http://www.wipo.int/about-ip/en/
- Section 2(c) of Patents Ordinance 2000 of Pakistan. Available online at: http://www.wipo.int/wipolex/en/text.jsp?file_id=188949#LinkTarget_217
- What are IPRS? World Trade Organization 2018. Available online at: https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm
- Springer Nature: What is an Open Access ? Available online at: https://www.springernature.com/gp/open-research/about/what-is-open-access
- WIPO Intellectual Property Handbook 2008: Policy, Law and Use. Chapter 2: Fields of Intellectual Property Protection. Available online at: http://www.wipo.int/edocs/pubdocs/en/intproperty/489/wipo_pub_489.pdf
- Intellectual Property Organization (IPO) of Pakistan. Available online at: http://www.ipo.gov.pk
- HEC rewards for impact factor of patent / IP right (NAQC). Available online at: http://hec.gov.pk/english/services/faculty/psp/Documents/Patent%20Equivalence%20-%20QA%20Policy.PDF
- PAKISTAN PENAL CODE (ACT XLV OF 1860). Available online at: https://www.ma-law.org.pk/pdflaw/PAKISTAN%20PENAL%20CODE.pdf
- ACT No. XXII of 2012 - An Act to provide for the establishment of Intellectual Property Organization (IPO) of Pakistan. Available online at: http://extwprlegs1.fao.org/docs/pdf/pak164597.pdf).
- Further details can be retrieved at:
- HEC Patent Support Programme website at: http://hec.gov.pk/english/services/faculty/psp/Pages/Guidelines.aspx
- Intellectual Property Organization of Pakistan Act, 2012. http://www.wipo.int/wipolex/en/text.jsp?file_id=314618
- Copyright (Amendment) Act, 1992:: http://www.wipo.int/wipolex/en/text.jsp?file_id=315222
- Patents (Amendment) Act, 2016 (Act No. XXIV of 2016): http://www.wipo.int/wipolex/en/text.jsp?file_id=416163
- Fees and Forms for applications related to IPR; Patent and Copyrights. http://www.ipo.gov.pk/ipo.php?do=ODM
- Elsevier – Quick Definitions. https://www.elsevier.com/about/policies/copyright