Updated Date: Dec 16th, 2024

Intellectual Property (IP) Policy

1. Purpose and Scope
The National Research Institute for Democratized Learning (NRIDL) is dedicated to fostering innovation, enhancing digital literacy, and democratizing access to technology. In pursuit of these goals, NRIDL recognizes the importance of creating, managing, and disseminating Intellectual Property (IP) in a manner that is responsible, equitable, and legally compliant. This policy establishes clear guidelines for the creation, use, protection, licensing, and distribution of IP associated with NRIDL’s activities.

Applicability:
This policy applies to all NRIDL employees, volunteers, interns, contractors, research collaborators, visiting scholars, partners, sponsors, and any other individuals or entities using NRIDL’s resources, infrastructure, or funding. It also applies to all IP developed by or in association with NRIDL’s mission, regardless of the medium, form, or location of development.

2. Definitions
Intellectual Property (IP):
For the purposes of this policy, IP includes, but is not limited to, inventions, patents, copyrights, trademarks, service marks, logos, trade secrets, know-how, designs, source code, executables, databases, documentation, images, audio-visual media, pedagogical materials, research data, analyses, graphs, presentations, courseware, and any other original works of authorship or proprietary content. IP can exist in both tangible and intangible forms.

Creators:
Creators are individuals or teams who conceive, design, develop, author, or contribute to IP, including NRIDL employees (full-time, part-time, and temporary), interns, volunteers, consultants, contractors, and affiliated researchers.

Third-Party IP:
Third-Party IP refers to all IP owned by entities outside of NRIDL. This includes IP incorporated into NRIDL projects or resources under license, permission, or other lawful agreements.

Moral Rights (where applicable):
Moral rights refer to the personal rights of creators to be identified as the author of a work (paternity right) and to object to any modification or distortion that would harm the creator’s reputation (integrity right). These rights are recognized differently depending on jurisdiction and will be respected in compliance with applicable laws.

3. Ownership of IP
NRIDL-Owned IP:
Except where explicitly stated otherwise in written agreements, all IP conceived, discovered, developed, or created by NRIDL employees, volunteers, or contractors within the scope of their employment, assigned tasks, or using NRIDL resources or funding is owned solely by NRIDL. This includes work created during regular working hours, under NRIDL direction, or through the use of NRIDL facilities, equipment, or confidential information.

Collaborative IP:
When IP is developed jointly with external organizations, institutions, or individuals, formal collaboration, consortium, or joint research agreements will be established. These agreements will specify how IP ownership, rights, licensing, and responsibilities are apportioned. NRIDL will strive to ensure fair and transparent terms that reflect the respective contributions of all parties, the nature of the collaboration, and NRIDL’s commitment to open access and democratized learning.

Third-Party IP:
NRIDL will respect the IP rights of third parties and will only use such IP under appropriate licenses, permissions, or agreements. Before incorporating external IP into NRIDL projects or publications, written clearance and proof of license must be obtained and filed. NRIDL will maintain a repository of relevant license agreements and ensure that users, creators, and staff understand and comply with any terms or restrictions.

4. Use and Licensing of NRIDL IP
Educational and Non-Commercial Use:
NRIDL strongly encourages the free, non-commercial use of its IP to support educational objectives, digital literacy, research, and innovation. Unless restricted by collaboration terms or third-party agreements, NRIDL grants a non-exclusive, royalty-free license for non-commercial educational use of its materials, provided that appropriate attribution (including original author/creator and NRIDL as the source) is given, and that no modifications are made that could misrepresent the original intent. All rights reserved.

Commercial Use:
Any commercial use of NRIDL-owned IP (including but not limited to resale, incorporation into for-profit materials, commercial training programs, or the creation of derivative products for sale) requires a formal, written licensing agreement approved by NRIDL management. Licensing fees, royalties, term limits, and other conditions will be negotiated in each agreement, taking into account NRIDL’s mission, market value of the IP, and financial sustainability considerations.

Open Access and Open Source Initiatives:
In alignment with NRIDL’s mission to democratize access to knowledge and technology, where possible, NRIDL will release research findings, educational materials, and software under open licenses (e.g., Creative Commons, MIT, GPL) that promote broad distribution, derivative works, and transparency. Decisions regarding open access or open source licensing will be made on a case-by-case basis by NRIDL’s leadership, considering factors such as sustainability, collaborative commitments, sponsor requirements, and the need to protect sensitive data.

5. Protection of IP
Registration and Legal Protections:
To safeguard its IP assets, NRIDL may seek appropriate legal protections, including but not limited to registrations of copyrights, patents, trademarks, and service marks in jurisdictions worldwide. NRIDL’s management, in consultation with legal counsel, will determine when to pursue such protections.

Confidentiality and Trade Secrets:
All employees, volunteers, contractors, and collaborators must maintain the confidentiality of trade secrets, proprietary methodologies, unpublished research, and other sensitive IP as required by law, contractual agreement, or NRIDL’s policies. Non-disclosure agreements (NDAs) or confidentiality clauses may be employed to ensure compliance. Unauthorized disclosure, use, or misappropriation of confidential information is strictly prohibited.

Digital Rights Management (DRM) and Access Controls:
NRIDL may use DRM technologies, access controls, or other security measures to prevent unauthorized copying, distribution, or modification of its digital content. Such measures will be implemented judiciously to balance the need for protection with the principles of open access and ease of use.

6. IP in Collaborative Projects
Partnership and Consortium Agreements:
For projects involving multiple organizations, NRIDL will negotiate and execute partnership agreements that clarify in advance the allocation of IP rights, responsibilities, methods of managing future improvements or derivatives, and revenue-sharing arrangements (if applicable). These agreements will align with NRIDL’s commitment to equitable access, while also respecting the contributions and rights of all parties involved.

Fair and Proportional Contribution:
IP ownership and usage rights in joint ventures will be fairly allocated based on the nature and magnitude of each party’s contributions, including intellectual input, resources, funding, labor, and existing background IP. Where disputes arise, independent review or mediation may be employed to reach a fair resolution.

7. Responsibilities
Responsibilities of Creators and Staff:

• Creators must promptly disclose to NRIDL’s designated IP officer or representative any new IP generated within the scope of their work.

• All employees, volunteers, and contributors must adhere to this policy, including ensuring that third-party materials are used in accordance with their licenses and that no infringement of IP rights occurs.

• Individuals must maintain accurate records of their work, including research data, code repositories, drafts, and notes, to support IP protection and claims of authorship.

Responsibilities of NRIDL Management:

• Oversee IP management and ensure compliance with this policy.

• Approve or reject licensing and commercialization requests, taking into account NRIDL’s strategic objectives and legal obligations.

• Coordinate with legal counsel to address issues related to IP protection, infringement, and enforcement.

• Provide training and guidance to staff and collaborators on IP-related matters and best practices.

8. Dispute Resolution and Enforcement

Internal Review:
If an IP-related dispute, question, or complaint arises, the concerned parties should first seek resolution through internal channels, including the IP officer or a designated committee. The internal review will strive for a fair, transparent, and expedient resolution.

Mediation and Arbitration:
If internal resolution efforts fail, the parties may proceed to mediation or arbitration, following the procedures specified in relevant agreements or as recommended by NRIDL’s legal counsel. NRIDL prefers non-adversarial dispute resolution and will engage external mediation services where appropriate.

Legal Action:
In cases of significant infringement, misappropriation, or unresolved disputes, NRIDL reserves the right to take legal action to enforce its IP rights or defend itself against claims of infringement. The decision to pursue litigation will be made by NRIDL’s management in consultation with legal counsel.

9. Compliance with Laws and Regulations
NRIDL will comply with all applicable local, national, and international laws, treaties, and regulations governing IP rights and enforcement, including those pertaining to digital rights, online use, and international collaborations.

10. Policy Review and Updates
This IP Policy will be reviewed annually or as needed to ensure that it remains current with evolving legal standards, technological changes, and NRIDL’s strategic priorities. Amendments or revisions will be communicated to all affected parties in a timely manner.

11. Contact Information
For questions, clarifications, or reporting concerning this IP Policy, please contact:

• Email: support@nridl.org