Dean's Directive no. 1/2019

Regarding the Management of Intellectual Property Rights at the Faculty of Mathematics and Physics of Charles University (MFF UK)

Contents:
I. Subject Matter of the Directive
II. Obligations of Inventors and Co-Inventors
III. Ensuring Legal Protection of Industrial Property
IV. Remuneration for the Inventor
V. Obligations of Heads of Departments

I. Subject Matter of the Directive

This Directive sets out the conditions for the implementation of Charles University Rector’s Directive No. 46/2018, Regarding the Management of Intellectual Property Rights at Charles University, (hereinafter referred to as the “RD”) at the Faculty of Mathematics and Physics of Charles University (hereinafter referred to as “MFF UK“). The RD regulates in particular authorial works and outputs of technological creative activities.

For the purposes of this Directive, an output of technological creative activities means an invention, a biotechnological invention, a utility model, an industrial design, and know-how, as well as a technical solution or a design which are not classifiable in any of the above-mentioned categories, and also other special sui generis items, in particular items of industrial property under the relevant foreign legal system, namely that of the state in the territory of which protection or other rights have been granted to them. A computer program may also be considered an output of technological creative activities if it fulfills the conditions of patentability under the relevant legal system.

II. Obligations of Inventors and Co-Inventors

A natural person who has created an output of technological creative activities through his own creative work (hereinafter referred to as the “inventor”) or jointly with another inventor or inventors (hereinafter referred to as the “co-inventor”) within the scope of employment at MFF UK is obliged to notify the Dean immediately after the creation of such output (invention) through the Department for Business Cooperation and Career Counselling of MFF UK¹ (hereinafter referred to as the “OFS”). Notification is carried out by completing and submitting the currently valid Invention Notification Form issued by the Centre for Knowledge and Technology Transfer of the Charles University (hereinafter referred to as “CPPT”).

III. Ensuring Legal Protection of Industrial Property

1. CPPT provides employees and students of MFF UK with information, legal, and other services in matters of industrial legal protection of the outputs of technological creative activities and possible commercial use of such outputs. These cases must be registered by OFS and therefore employees and students of MFF UK may contact CPPT exclusively through OFS.

2. Employees and students of MFF UK are obliged to discuss any project proposals which envision the creation of industrial legal protection in the form of patents or registration of utility models or industrial designs with OFS.

3. The costs of industrial legal protection will be borne by the Faculty or by CPPT after agreement is reached between the Dean and the Director of CPPT, alternatively the above-mentioned costs will be borne by CPPT if the Rector of Charles University has given the opinion pursuant to Article 7 (3) of the RD. If the costs are borne solely by the Faculty, they will be shared between the unit, the department of the inventor (co-inventor), and the Dean’s Office in the following proportion: 30% will be paid by the unit, 55% by the department of the inventor (co-inventor), and 15% by the Dean’s Office, unless otherwise agreed in advance by the responsible persons concerned.

IV. Remuneration for the Inventor

1. An inventor who has created a work made for hire or other output of technological creative activities for which the University has claimed a patent right is entitled to a reasonable remuneration taking into account the value of the output (invention).

2. The inventor of a work made for hire or other output of technological creative activities as referred to in paragraph 1 of this Article is entitled to an additional remuneration in the event that the remuneration already paid is manifestly disproportionate to the benefit achieved by the subsequent use of the invention by the University. The amount of the additional remuneration which will be determined as a percentage of the net proceeds of the commercialisation of the invention will be shared between the inventor, the Faculty, and Charles University. The Faculty’s share is divided between the unit, the department of the inventor, and the Dean’s Office in the proportion in which they contributed to the funding of the commercialisation costs.

3. The remuneration of the inventor is regulated in more detail by Article 11 of the RD.

V. Obligations of Heads of Departments and Institutes

The heads of individual Faculty departments and institutes will ensure that employees, students, and other persons whose rights are affected by the RD are informed in an appropriate manner of the contents of the RD and this Directive.

This Directive comes into effect on the day of its publication.

Proposed by:
doc. RNDr. Martin Vlach, Ph.D., Vice-Dean for Public Relations
prof. RNDr. Ladislav Skrbek, DrSc., Vice-Dean for Development

The Directive was approved on 6 February 2019 and
published on 11 February 2019.

Approved by:

¹ Transformed into the Department for Business Cooperation by the Dean's Directive no. 1/2021