A post doc and a company can agree on NDA and IRP issues with each other for the grant period. Following principles set by PoDoCo Management Group set a legal framework for NDA and IPR rules.
Regarding NDA agreement it is important that a post doc retain the right and possibility to publish scientific articles. On the other hand it is important to secure the confidential information of a company and avoid leakages of confidential information.
- The Company shall not restrict the Post doc’s right to publish the results and findings related to the research topic generated during the grant period
- In principle NDA agreement covers a company’s existing background information not foreground information generated during the grant period
- A Party having received Confidential Information shall keep such information confidential and use such information only for the purpose of carrying out its work under PoDoCo program and only to the extent necessary for the performance of its work thereunder.
Intellectual Property Rights
- The ownership and intellectual property rights to inventions created in PoDoCo program are held by the party who has generated the result.
- The ownership and intellectual property rights to inventions created by the grant recipent during the research period in PoDoCo program are held by the grant recipient.
- If result has been generated by more than one participant (e.g. by the grant recipient and employees of a company) then the participants have joint ownership of the result. The parties shall agree upon the terms and conditions of the joint ownership.
- The ownership and intellectual property rights to inventions created during the targeted research period, when postdoc is employed by the company are treated according to employment invention law (Laki oikeudesta työntekijän tekemiin keksintöihin 656/1967). This means that employer has ownership and IPR to inventions of their employees
During the targeted research period (i.e. period funded by the company) company’s normal rules and practices for IPR and NDA shall take place.