Regulations on the Sector of Intellectual Property Commercialization

1. General regulations

1.1. The Sector of Intellectual Property Commercialization (hereinafter referred to as Sector) was created to use intellectual potential in an efficient way, to apply modern methods of management of the activity concerning intellectual property, to develop a civilized system of intellectual property commercialization in the Admiral Makarov National University of Shipbuilding (NUS).
1.2. Sector is regulated with the Constitution of Ukraine, the laws of Ukraine, the Decrees of the Verkhovna Rada of Ukraine, Acts of the President of Ukraine, the Ministry of Education and Science of Ukraine, these Regulations and other standard legal documents.

1.3. Sector submits to the Vice-Rector for Research.
1.4. Sector interacts with administrative, scientific, educational, industrial and other NUS subunits.
1.5. Sector cooperates with executive bodies, Ukrainian and foreign innovative infrastructures, banks, funds, enterprises, organizations of all the forms of ownership, trade unions connected with intellectual property sphere. 1.6. A head of Sector and his / her substitute are to have complete higher education and experience or they can be trained in intellectual property issues.

2. The tasks and functions of Sector

2.1. The main tasks of Sector are:
2.1.1. To organize the modern methods of management in intellectual property sphere; promotion to the market and commercialization of NUS scientific and technical designs; investment attraction and development of collaboration with enterprises and scientific organizations of Ukraine and foreign countries using its results.
2.1.2. To protect the intellectual property and use it lawfully.
2.1.3. To examine the commercial potential of results of scientific, scientific and technical, research activities to identify the most promising ones.
2.1.4. To ensure the NUS obtaining rights of property for the copyright objects produced due to its scientific, scientific and technical, research activities; to promote them in agriculture.
2.1.5. Information and analysis support of intellectual property creation, its protection and commercialization.  
2.1.6. To protect rights and legal interests of the NUS and its personnel – the authors of intellectual property – administratively and in the court; to protect them against unfair competition; to prevent illegal obtaining of copyright and unauthorized use of the objects created by the NUS personnel.
2.2. To solve these tasks Sector fulfills such functions:
2.2.1. It researches market needs in the intellectual property, property rights of the NUS.   
2.2.2. Sector with the appropriate departments of the NUS analyzes scientific, scientific and research, methodological work planned to be fulfilled, predicts their results to identify the intellectual property with patentability, reasonability of their legal protection in Ukraine and foreign countries.  
2.2.3. It with the appropriate departments of the NUS performs patent and marketing research in research and methodological studies, prepares proposals concerning reasonability of patenting and cession of rights for their results, participates in advertising, development of innovative and investment projects, business plans and programmes of the promising development of the NUS.
2.2.4. It offers some scientific, scientific and technical, scientific research and other information to be considered as a commercial secret.
2.2.5. Sector analyzes results of scientific, scientific and technical, scientific research activity for the possibility of its open publication, usage, exposition, transfer, insertion in a database for many people to see it.
2.2.6. Sector with the appropriate departments of NUS holds a monitoring and analysis of results of scientific, scientific and technical, scientific research activity to detect timely the intellectual property with commercial potential.
2.2.7. It participates in the search of investors for the financing of the studies concerning transformation of intellectual property into a product according to licensees’ needs.
2.2.8. It develops draft contracts concerning rights of intellectual property in which one of the parties is the NUS; it participates in negotiations concerning such contracts.    
2.2.9. It participates in preparation and submission of documents (applications) for intellectual property to the appropriate legitimate bodies to patent in Ukraine and foreign countries in accordance with national and international procedures.
2.2.10. It supports commercialization of the intellectual property of the NUS in Ukraine and / or foreign countries, including advertising of scientific and innovative potential of the results of scientific, scientific and technical, research activities, of products; arrangement of contacts with enterprises; the analysis of potential licensees’ and investors’ commercial propositions; the conclusion of contracts concerning disposal of intellectual property; the development of legal persons’ draft constituent documents for the NUS intellectual property appliance etc.   
2.2.11. It participates in preparation and conclusion of legitimate contracts with authors of intellectual property and regulates their fulfillment.
2.2.12. It prevents the NUS intellectual property rights from any abuse and also prevents rights of the third parties from any abuse from the NUS.
2.2.13. Within its scope Sector participates in preparation, conclusion and regulation of employment agreements and civil law contracts in the sphere of intellectual property with authors of intellectual property; it supports realization of individual non-property and property rights of the intellectual property authors within legal boundaries.
2.2.14. It develops the NUS normative and methodological documents that regulate creation, legal security and commercialization of intellectual property, the financing of such activities, the receipt and division of payments under a licensing agreement and other types of income from the intellectual property commercialization, the payment of rewards or other forms of encouragement to inventors (authors) and the people supporting this activity; it regulates the fulfillment of conditions in the documents checked by the NUS organization departments, personnel, students and postgraduate (Ph.D.) students.
2.2.15. Within its scope Sector provides the NUS administration with propositions about the international collaboration concerning intellectual property within international programmes, projects and professional associations; it participates in these programmes and projects fulfillment.
2.2.16. It participates in organizational measures of scientific, scientific and technical, research, methodological studies concerning the NUS intellectual property. It participates directly in the performance of these studies.
2.2.17. It performs some measures for the arrangement of education and professional development of the NUS personnel concerning intellectual property, especially intellectual property commercialization, the training of students and postgraduate (Ph.D.) students in this field.
2.2.18. It provides annually propositions for the budget of Sector activity.
2.2.19. Within its scope Sector reports about its activity.
2.2.20. It gives an advisory and legal, informational and practical help to the NUS personnel and students in exercising of individual property and non-property rights for intellectual property and benefits in accordance with the legal acts of Ukraine and of the NUS, of the inventors’ (authors’) rights of award for the use of intellectual property created as a result of fulfillment of an employment agreement or the employer’s order.
2.2.21. It analyses the state of the NUS scientific, scientific and technical, research activity and its departments, especially in intellectual property sphere; it prepares propositions for the development etc.  

3. Arrangement of Sector activity

3.1. Sector is established, reorganized and closed with the Decree of the NUS Rector.
3.2. Sector has a right:
to get appropriately all the necessary documents of the NUS and its organization departments;
to involve the NUS personnel to fulfillment of the work within its scope;
to put forward to the NUS administration proposals concerning development of the activity connected with creation, security and commercialization of the NUS intellectual property, encouragements for the personnel and the other people helping create, protect legally and use the NUS intellectual property.

EMPLOYEE MANUAL
of a head of the Sector of Intellectual Property Commercialization

1. General regulations

1.1. The Employee Manual identifies functions, authorities, responsibilities and working conditions of a head of the Sector of Intellectual Property Commercialization.
1.2. A head of the Sector of Intellectual Property Commercialization is responsible for the organization and implementation of the modern methods of intellectual property management, promotion to the market and commercialization of scientific and technical designs, the development of collaboration with enterprises and scientific organizations.
1.3. A head of the Sector of Intellectual Property Commercialization is to have complete higher education, some experience; also they are to be trained in intellectual property issues.

2. Functions

A head of the Sector of Intellectual Property Commercialization:
2.1. Researches market needs in intellectual property rights and participates in the search of potential investors.
2.2. Analyses scientific, scientific and technical, research, methodological studies to find patentable intellectual property; holds patent research.
2.3. Gives propositions for some scientific, scientific and technical, scientific research and other information to be considered as a commercial secret.
2.4. Participates in the search of potential investors for the financing of the work concerning transformation of intellectual property into a product according to potential licensees’ needs.  
2.5. Develops draft contracts about the disposal of intellectual property rights.
2.6. Sustains the NUS intellectual property commercialization.
2.7. Prevents infringement of intellectual property rights.
2.8. Develops the NUS normative and methodological documents regulating the issues of creation, legal security and commercialization of intellectual property.
2.9. Offers participation in the international collaboration concerning intellectual property sphere.
2.10. Participates in the organization of scientific, scientific and technical, research, methodological studies; gives an informational and practical help in intellectual property sphere.

3. Rights

A head of the Sector of intellectual property commercialization has a right:
3.1. To request the necessary information and documents from heads of organizational departments and other experts.
3.2. To apply the necessary available technical equipment, hardware and software.
3.3. To submit for consideration propositions about the university activity development to the university administration.
3.4. To interact with heads of all the university organization departments.

4. Responsibilities

A head of the Sector of Intellectual Property Commercialization is responsible for:
4.1. The improper performance or non-performance of his / her responsibilities.
4.2. The offences in their own activity.
4.3. The damage to property.

5. System of subordination

5.1. A head of the Sector of Intellectual Property Commercialization is subordinated to the head of Scientific Research Department.
5.2. A head of the Sector of Intellectual Property Commercialization is to be appointed and dismissed by the head of the NUS SRD or certification commission.