Industrial Property Rights
Under Article 17 of the constitutional law (RGBl. No. 142/1867; Art. 149 Sec. 1 B-VG of the constitutional status), science and its teachings underlie no contraints. Universities have the right and responsibility to exercise this freedom and protect this particular area with all means at its disposal.
Industrial Property Rights secure the freedom of research and teaching at universities and are important in an effort to fulfill their legal obligations. In its areas of excellence, the JKU strives to secure its employees' basic, creative achievements and performance. Contract drafts for cooperative research projects take IPR into account.
The collective term of "Industrial Property Rights" generally includes the protection of intellectual creation, personal image rights, naming rights, and intellectual property rights.
In correlation to academic/scientific activities, the copyright and industrial property rights (patents, utility models, semiconductor protection, etc.) are of significance. Here is an overview of the most important IPRs, particularly patents:
The scientific/academic IPR Team can provide consultation services to JKU employees directly at the institute. They are scientists and academics in the fields themselves and can answer questions pertaining to invention disclosure and contacts at the university.
--> JKU employees can find detailed information on: Registering a Service Invention, Inventor's Compensation, etc. in Intranet, Research Support.
Utilizing Research Findings
Under the 2002 Universities Act, the JKU was established as a legal entity subject to public law. Its tasks and duties include providing information to the public in regards to scientific and academic findings and supporting the utilization and implementation of findings into practice.
Utilizing research findings in publications and events - as well as research-led teaching - lies in the interest of scientists and academics and is part of their job. Research findings developed in cooperation with joint projects together with one or more partners is contractually subject to utilization by fixed rules and regulations.
In accordance with § 106 Sec. 1 of the Universities Act, each university employee has the right to publish their own scientific and academic work. Upon publishing research findings, university employees who made a scientific/academic contribution to the publication are to be listed as co-authors.
Under § 7 Sec. 3 of Patent Law (BGBl. No. 259/ 1970), service inventions created at an Austrian university as part of a public or private term of employment, or in educational capacity with the federal government, or as part of a educational relationship to the university are subject to Patent Law that applies to the university as an employer (§ 7 Sec. 2 of Patent Law).
Under § 106 Sec. 3 of the Universities Act, all service inventions must be disclosed to the Rectorate immediately. Within a three month period, the Rectorate must inform the inventor as to whether or not the invention will be claimed by the university in its entirety or claim right of use; otherwise the inventor is entitled to the rights.
Register a service invention to the Rectorate by way of the person responsible for that subject area Patent Scouts using the required form to disclose inventions:
- In accordance with the contract, the form to disclose service inventions must be assigned with a cooperation partner in a research project and should contain only the information required to fulfill the university's statistical reporting obligation.
- The registration form for service inventions (in which the rights remain at the JKU), will require information in order to assess the product's unique and new aspects as well as a (rough) assessment in regards to the product's commercial application and marketing.
The IPR Team is a central part of JKU patent management. The so-called "patent scounts" are scientists and academics who receive IPR training and can answer questions and provide advice to colleagues in regards to service inventions.
The following subject areas are supervised by patent scouts :