IPR POLICY
INTELLECTUAL PROPERTY RIGHTS
INTELLECTUAL PROPERTY RIGHTS
- PURPOSE
- This Policy outlines the key elements of Intellectual Property Rights (“IPR”), Technology Transfer Policy and the IPR Management process for Creating, Protecting, and Commercializing the Intellectual Property (“IP”) of the Company (“ISG”) including Copyrights, Trademarks, Patents etc. It aims to ensure that all relevant personnel associated directly or indirectly to the Company understand the issues in relation to the rights & use of IP and take action to avoid the violation/infringement of any Intellectual Property Rights.
- The Company has adopted this Policy in order to protect its own IP and minimize the possibility of infringement of Intellectual Property Rights of the Company or any other Third Parties. This IP Policy further intends to provide a transparent administrative system for the ownership, control and transfer of the IP created and owned by the Company.
- SCOPE
- This IPR Policy shall apply to all Intellectual Property created at or by the Company and includes all IP Rights associated with such Intellectual Property since the incorporation of the Company. This Policy shall also be applicable to all individuals/third parties who have established legal relationship with the Company. This includes all employees, representatives, agents, consultants, vendors etc. of the Company including its Subsidiaries and Affiliates.
- Such legal relationship may arise by means of provisions of law, collective agreement or individual agreement (may refer to employment/ retainer ship contract/ pursuance of studies or any other legal arrangement).
- This IPR Policy shall not apply in cases in which an authorized individual or third party enters into an explicit arrangement to the contrary with the Company, or the Company previously entered into an agreement with a third party relinquishing any rights and obligations in accordance with this Policy.
- POLICY STATEMENT
- The Company shall ensure that any material for which there may be an Intellectual Property Right such as copyrights, trademarks, patents etc. owned by a third party will not be used without relevant permissions. The Company shall ensure all legislative, contractual or regulatory restrictions on the usage and duplication of proprietary material will be adhered to.
- The Company explicitly forbids copying/duplicating work in any manner of any document, digital asset, technical drawings, databases etc. other than in line with local copyright law.
- The Company shall not knowingly purchase or use counterfeit or other infringing goods and services in running its business, including counterfeit trademark goods or infringing copyright material (such as software, publications, video, audio, or other content).
- The Company shall implement a management system to help ensure that all personnel follow its IP policies. This management system shall encompass all IP-related policies, procedures, adequate & accurate records necessary to implement, measure, and improve Company’s IP protection and compliances.
- Company shall not knowingly infringe a third party’s intellectual property in its products, services, components, or disclose, use a third party’s trade secrets without the express or implied consent of the owner or as permitted by law.
- The Company shall keep an inventory of all written documents and substantial transactions involved the exercise of IP rights including licenses, disclosure of trade secrets, assignment of rights etc.
- The Company shall protect its own IP and conduct its business with IP related laws as applicable.
- No employee, agent, representative, third party etc. shall disclose or use without authorization the Intellectual Property of the Company including: the exclusive right to use trademark(s), service mark(s), business plan(s), software copyrights, teaching materials, and research reports of special projects, miscellaneous copyright and all other intellectual property, which belongs to the Company according to the law.
As a part of the Company’s initiative for software compliance:
- Software shall be acquired only through authorized sources, to ensure copyright is not violated. If a software has to be downloaded (Free/Shareware/Commercial/Demo), the user will send a written request to the respective internal IT team, who will consult with the IT Manager as required. If approved, the IT Team will be directed to download the software, scan it for malicious code and then forward it to the requesting user.
- Any software acquired/developed/downloaded should be formally informed to the IT Manager.
- Training and the process for procuring any new software (acquired/developed/downloaded) should be imparted regularly by the respective owner to the concerned users.
- Such trainings should be conducted in consultation with the HR department and the IT Manager.
- Any breach of this IPR policy or any other related information technology policy shall result in a disciplinary action to be undertaken by the Company.
- The respective internal IT team is responsible to maintain software asset register together with the proof of ownership of software licenses.
- The IT Manager and Information Security Manager in consultation with the Chief Information Security Officer (CISO) will conduct regular internal audit to carry out periodic checks every six months to ensure no unlicensed software has been installed and that maximum number of user licenses are not exceeded.
Acceptable Usage
- ISG has defined policy for the acceptable usage of information systems in Acceptable Usage Policy.
- IP LICENSING
The Company may at its discretion choose to license its IP to any of its Subsidiaries, Affiliates or a third party(s) through a licensing strategy. The Company shall however, document such IP licensing through a License Agreement wherein each license granted shall provide for the terms and conditions for the use of the IP.
- SECURITY & CONFIDENTIALITY MANAGEMENT
- The Company shall maintain physical and network security for effectively protecting the trade secrets, financial records, company documents and any other information that may be confidential in nature.
- The Company shall ensure that all confidential and proprietary information is made available to employees and third parties on a “need to know” basis and is subject to internal company procedures or upon execution of a Non-Disclosure Agreement.
- DISCLOSURES
All Documents created by the employee pursuant or incidental to the employee’s employment (including all copies thereof, whether or not made by the employee) will be owned by the Company. The employee must disclose and intimate all Intellectual Property related rights to the employer immediately upon its created or developed. All Intellectual Property will vest in the Company immediately upon its creation.
- VIOLATION OF POLICY
All employees are obligated to report all violations of this policy to the Legal Department immediately. The Legal Department must approve any exceptions to this policy in advance.
- ENFORCEMENT
Failure to comply with these policies may result in:
Any other actions that the Company may deem fit.
- Withdrawal, without notice, of access to information and/or information resources.
- Disciplinary action(s), up to and including termination from employment/services.
- Civil or criminal penalties as provided by law.
Any other actions that the Company may deem fit.
- DOCUMENT OWNER AND APPROVAL
The Legal Department is the owner of this document and is responsible for ensuring that this policy document is reviewed at least once a year or whenever there is a change in the process or policy. A current version of this document is available to all members of staff on the corporate intranet.
- REFERENCES
This policy refers to the section 18.1.2 of the ISO/IEC 27001 standard.
