The guideline agreement is drafted based on the following principles:
Mutual benefits between Chinese Human Proteome Plan (abbreviated as CNHPP hereafter) and its participants; The respect of China national interests and international good practice; The protection of intellectual property rights of CNHPP and its participants; The facilitation of the advance of proteomics and related sciences; Taking full advantage of the research results from CNHPP, and the contribution to human health.
1. Some definitions
The Plan: referring to the project of “Chinese Human Proteome Plan” (CNHPP) and any of its derivative studies or researches funded by Chinese funding agency.
The Intellectual Property (referred as IP hereafter) from the Plan: including the rights to apply for, or of, patent, trademark or copyright; the data ownership, the right of data use; and any associated rights of databases and non-public information that derived from the research results from the Plan.
Inventions to be protected by patenting: Newly discovered protein(s) with clearly proven functions; Protein(s) can be developed into reagents for the diagnosis, Prevention and treatment of diseases; Known protein(s) with new functions; Functional information from the data analyses in protein localization, protein modification, and other structural and interaction features of proteins; New diagnostic reagent, drug target and screening method; Drug, vaccine and antibody developed from researches of the Plan; Novel technology, method, experiment reagent, instrument and apparatus that can be applied to the study of protein and proteome; Other inventions protected by patent law.
Other forms of IP: software in the forms of databases and data analysis tools.
2. IP protection
In the spirit to protect the right of the inventor, to accelerate the translation of inventions with social and commercial values to commercial products, and to benefit the wellbeing of mankind, the Plan participants or IP users (individuals and organizations, referred as “the User” hereafter) have the right in choosing to use relevant law and regulation of their country to protect their IPs concerned, in the consideration of different practices between countries.
3. IP sharing
The Users, who sign this agreement, or who submit data to the Plan and authorize other users to use these data, are considered accepting following data sharing principles:
1) A User owns the IP if the said IP is obtained before (s)he joins the Plan. Any commercial use of the IP by the others has to be authorized by the User. The application right for IP protection belongs to the User whose invention is independently carried out within the Plan, or the right is joint-owned if the invention is joint-contributed.
2) The owner of aforementioned IP has the authority to give the right to other Users only in the Plan to use the invention.
3) A written notice is required to be submitted to the Principal Investigator of the Plan if a User chooses to withdraw from the Plan. Her/his right of IPs in the Plan will be adjusted accordingly, and her/his privilege in the Plan will be ceased automatically.
4) In order to facilitate collaborative novel findings, the Plan encourages the sharing inventions, especially those of newly produced data from omics studies. The recommendations are a) to allow at least one other User to use the dataset at the time of data submission; to open the data to all Users in the Plan 2 months after submission; to open the data for public access 6 months after submission.