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Deanship of Research Development > Patent and Invention Policy
Patent and Invention Policy

Intellectual Property Policy

Purpose

To ensure that the intellectual work and outputs, as well as the rights of creators of the work at Prince Mohammad bin Fahd University, is protected in accordance with international and national laws.

Statement

All Faculty appointed by and working at PMU have a responsibility to understand and comply with national and international copyright laws. The University reserves the right to terminate system access of users/faculty who repeatedly infringe on the rights of copyright owners in accordance with the national copyright laws. Faculty, staff, and students must familiarize themselves with the University policies on intellectual property, patents, and copyrights.

Copyright and policy at the University

  1. The PMU Library collects a wide variety of materials in print and electronic format and makes them available to faculty, staff and students at the University in keeping with national Copyright Law. The library complies fully with copyright law in its collection development activities, its electronic licensing of products and in its borrowing and lending activities.
  2. The copyright law of the Kingdom of Saudi Arabia governs the making of reproductions of copyrighted material, including photocopying, printing, and downloading. Any individual who uses such a reproduction for purposes in excess of "fair use" may be liable for copyright infringement.
  3. Under certain conditions specified in the law, libraries, information centers  and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction should only be used for the purpose of research, private study, or scholarship. If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of 'fair usage', that user may be liable for copyright infringement.
  4. PMU reserves the right to refuse a request for copying material(s) if, in its judgment, fulfillment of the order would involve violation of copyright law.
  5. Use of some databases may also be restricted by license agreement with the data provider. Specific information is posted with some databases, but most are limited to use by faculty, students, and staff of the University.

Obtaining permission to use copyrighted works

The Library helps students, faculty, and staff members at the University to seek copyright permissions needed in conjunction with teaching and research.The Library is also available to support the researcher to obtain copyright permission.


Intellectual Property

  1. Saudi law protects the rights of both Saudi nationals and foreigners in the field of intellectual property. Every natural or legal person that suffers injury resulting from trademark law infringement may claim damages. Expert proceedings regarding the infringement are permissible, and damages for trademark and patent infringements are punitive and provide compensation for the injured person.
  2. Intellectual property rights are also indirectly protected by the provisions of the Regulations for Combating of Commercial Fraud, which enable Saudi authorities to impose numerous sanctions for the production of counterfeit products or unlicensed copies of products, including, among other things, seizure and destruction of such products, and/or imposing monetary fines for violation of the provisions of the regulations.
  3. The burden of proof in intellectual property cases lies with the plaintiff, and it is an onerous responsibility, unless the unlawful products are seized. Under Saudi law, documentary evidence does not supplant oral evidence, but the two combined may support each other. In trademark cases, discovery may provide the damaged party with material and documentary evidence which alleviates the burden of proof.
  4. Orders are enforced in respect of payment of money by effecting seizure against the party losing the case. With regard to prohibitory embargos and writs of mandamus, orders are submitted to civil right directorates of the Interior Ministry to execute. Non-compliance with such orders may result in the imprisonment of the offender and the seizure of his/her assets.

CopyrightLaw in Saudi Arabia

  1. The copyright law in the Kingdom of Saudi Arabia was issued as per Royal DecreeNo. M/41 dated August 30, 2003 and published in the Official Gazette No. 3959 dated September 19, 2003.
  2. Protection is granted to authors whose works of art are expressed in writing, sound, drawing, photography or motion pictures and computer software. The rights of the author are protected for his/her lifetime and for a period of fifty (50) years after
    his/her death.
  3. The protection shall cover all intellectual works whether they are literary, scientific or artistic of any type as far as the distribution of the same in Saudi Arabia is allowed.
  4. Foreign intellectual works are protected in accordance with the international conventions, of which Saudi Arabia is a member.
  5. No registration procedures of copyright are available in Saudi Arabia. According to the Berne Convention for the Protection of Literary and Artistic Works, registration in the home country extends to all member states. However, any printed materials
    or computer programs can be distributed in Saudi Arabia only after receiving an approval from the Ministry of Information. For this purpose, a local distributor is essential. The distributor should obtain the necessary approval locally.
  6. The Kingdom of Saudi Arabia is a member of the Universal Copyright Convention
    and the Berne Convention for the Protection of Literary and Artistic Works.

Inventions, Patents and Licensing Policy

Purpose

The Inventions, Patents and Licensing policy is intended to encourage scientific research and scholarship within Prince Mohammad bin Fahd University, produce inventions and patents, and protect and explain the rights of the University and the
inventor.

Statement

  1. Faculty at Prince Mohammed bin Fahd University is dedicated to excellence in teaching, research, and providing services to the community and the industry. While the purpose of doing research and developing innovative solutions is to contribute to the body of knowledge in the field of research and solve real-world problems, it may also result in the development of patents and commercial applications. The University will pursue filing of patents and license agreements for their development and marketing, and ensure proper utilization of such inventions in commercial products.
  2. This policy applies to University employees (faculty, staff and students who work on research projects supported by the University. Financial returns as an outcome of inventions will be shared between the inventors and the University.

University Responsibilities

  1. Establish an office for Patents and Technology Licensing.
  2. Establish individual policies on patents, inventions, copyrights, and technolog licensing.
  3. Establish policies on the rights and responsibilities of all stakeholders.
  4. Prepare a PMU Patent and Copyright Agreement, and other relevant documents.
  5. Protect the intellectual property rights of all stakeholders including the University, College, Department, Faculty, Staff, and students.
  6. Receive all disclosures of submitted inventions.
  7. Determine whether the invention has a potential to be patentable and if it is commercially viable.
  8. File for patent or licensing of an invention, in a timely manner.
  9. Negotiate patent/license agreements.
  10. Ensure faculty compliance with the patents and invention policies.
  11. Share royalties from inventions assigned to the University with the inventor.
  12. Implement any contract changes, revenue sharing, and license agreements.

Faculty Responsibilities

  1. All faculty, staff, and students participating in research must sign the PMU Patent and Copyright Agreement.
  2. Submit application for the invention/patent to the Deanship of Research by    using the Invention Disclosure Form.
  3. Ensure compliance with the University policy on patents, inventions and intellectual property rights.
  4. Cooperate with the Deanship of Research regarding licensing possibility for the invention and patent.
  5. Cooperate with the University in the filing of forms and relevant legal  documents for patenting an invention, in a timely manner.

Revenue Sharing

  1. The University    will   share the   revenue   that   it obtains from    the commercialization of the inventions with the inventors.
  2. The University may consult with external individuals or organizations to manage patents/license agreements. The expenses incurred in the process will be deducted before revenue sharing between the inventors and the University.
  3. The revenue that the University receives from the patents/licensing  agreements will be distributed as follows: University (30%), Inventor(s) (55%), and Inventor’s department (15%)
  4. The Department share shall be used to support research activities within the Department.
  5. If there is more than one inventor, revenue will be shared equally among the inventors, unless there is a written agreement specifying the distribution of revenue