1. PURPOSE
Apex Instruments Company Private Limited (Apex) has established an Intellectual Property (IP) policy to safeguard the company's intellectual property and to comply with IP laws to minimize the risk of counterfeiting and piracy. The policy aims to create a transparent administrative system for the ownership, control, and transfer of IP owned and created by Apex.
2. SCOPE
This policy protects copyright, patent, trademark, trade secrets, and other intangible rights related to Apex's products and services from infringement and piracy. It ensures that Apex's IP is protected and secured under the relevant laws. The policy's primary objective is to maintain clarity on IPR-related matters, including employee ownership, customer rights and obligations, liabilities in IP misappropriation cases, disputes, and other business risks. For this policy, intellectual property refers to a creation of the mind that has been put into material form.
3. APPLICABILITY
This policy applies to all members of Apex, including employees, directors, officers, or others associated with Apex temporarily or permanently, working at all branches across India (hereinafter referred to as ‘members’).
4. PRINCIPLES OF THE POLICY:
4.1 Apex values and respects the effort of the originator and/or creator of an IP and conducts business in compliance with IP laws applicable in the country. Thus, we take all necessary steps to actively protect our own IPs, and we refrain from purchasing and/or using counterfeit and/or infringing goods and/or services, including counterfeit trademark goods or infringing copyright material, for running our business.
4.2 At Apex, we maintain an effective system of IP asset management, which includes maintaining an inventory and records of the various assets and agreements related to the company's IPs. This involves documenting and maintaining written records of all substantial transactions and uses that involve the exercise of IP rights, such as licenses or assignments of rights, manufacture, reproduction or distribution of patented, trademarked, or copyrighted items, and disclosure.
4.3 Protection of IP is a critical principle that we follow strictly in all Apex offices. This includes safeguarding the IP and/or any other confidential information of any other individual and/or entity that is provided under the terms of an agreement and/or based on an assignment between such individual and/or entity and Apex. We ensure that such information is not disclosed to any third party without the express written consent of the concerned individual and/or entity or as permitted by law.
5. ROLE AND OBLIGATION OF THE MEMBERS
5.1. All members of Apex must agree and adhere to not misuse any intellectual property or other confidential information that is provided to them while delivering their work or assignments. Any failure to comply with the terms of this policy will be considered a fundamental breach of the terms of employment, which may result in termination.
5.2. All inventions, discoveries, and improvements made by an employee during the period and course of their employment or which may be related to the company’s business will remain the property of Apex. The company may grant credit to the member for their involvement in such inventions, discoveries, and/or improvements at its discretion. The members are required to transfer and assign all inventions, discoveries, novel designs, patents, trademarks, and copyrights to Apex. This transfer and assignment will not restrict the member from utilizing the general expertise and knowledge accumulated by them in the performance of their services. However, reproduction or substantial reproduction of any of the IP transferred and assigned to Apex is not allowed without the written license of the company.
5.3. In case a member makes any patentable process or article as a result of and in the course of their services, the patent will be owned by Apex.
5.4. The members of Apex must not disclose or use any intellectual property of Apex, including trademarks, service marks, business plans, software copyrights, teaching materials, research reports of special projects, miscellaneous copyrights, and all other intellectual property belonging to Apex, without prior written authorization.
5.5. Additionally, during or after employment, members must, at the request of Apex:
5.5.1. Do anything necessary, including executing any documents, to assign or transfer any rights to any such intellectual property to Apex or any other person that Apex may nominate; and
5.5.2. Take any or all steps necessary, at Apex's expense, to protect or allow Apex to protect or exploit any such intellectual property.
6. COMPLIANCE TEAM
6.1. Apex shall have a designated compliance team/manager responsible for the protection of intellectual property and ensuring compliance with this policy and any related laws. The compliance team may engage external experts to seek opinions on matters related to intellectual property laws as needed to fulfill their duties.
6.2. Members who have any doubts or questions regarding intellectual property or confidential information should consult with the compliance team/manager.
7. DISCLOSURE
All members agree to disclose any intellectual property to Apex immediately upon its creation or development, and all intellectual property will immediately vest in Apex upon creation. All documents created by members in the course of their employment will be owned by Apex. Members must deliver all such documents within their possession, power, custody, or control to Apex upon demand.
8. REPORTING VIOLATIONS
8.1. Members who become aware of any violation or suspected violation of this policy must report it in writing to the compliance team/manager at Admin Office.
8.2. No member will face negative consequences for reporting possible violations, even if the report is found to be mistaken.
8.3. Apex prohibits any retaliation against members who raise concerns in good faith.
8.4. The compliance officer and management will thoroughly investigate all reports of violations made under this policy.
9. INVESTIGATING PROCESS
9.1. If a concern or report is filed against a member of Apex, the Compliance team shall send a copy of the concern or report to the accused member(s) within 7 days of receiving it. The accused member(s) shall have 10 days thereafter to file a reply to such concern or report, along with any supporting documents and details of witnesses, if any.
9.2. Apex shall take necessary steps to investigate and resolve the concern or report within 60 days of receiving it.
10. PUNISHMENT FOR VIOLATION
The penalties for violation of this policy shall depend on the nature and severity of the offense and may include, but not be limited to:
10.1. An opportunity of being heard- The accused member shall have the right to a fair opportunity to be heard in compliance with the due process of law; and
10.2. Cost- Apex may seek such costs as it deems fit, owing to the breach caused under the policy; and/or
10.3. Suspension- Apex may suspend the employee for a period deemed appropriate; and/or
10.4. Dismissal- Apex may dismiss or terminate the employment of the offender in cases of serious and/or repeated offenses. Such offenders shall not be recruited by any branch office of Apex for any position, and Apex reserves the right to take legal action as deemed fit and proper.
11. MISCELLANEOUS
The disciplinary action that may commensurate with the nature and gravity of the offence, shall include, but not be limited to:-
• Warning
• Written apology from offender
• Debarring from supervisory duties
• Denial of employee benefits like increments/promotion/salary correction, etc.
• Cancellation of specific work assignments
• Suspension
• Dismissal
12. NON- WAIVER OF STATUTORY RIGHTS
Apex reserves the right to seek any legal remedy available under applicable law in relation to the breach of this policy. Non-compliance with the policy may result in criminal or civil penalties, the severity of which will depend on the nature and extent of the offense. Any individual found to be acting in contravention of this policy may be subject to disciplinary action, up to and including dismissal.
13. DISPLAY OF THIS POLICY
13.1. Apex shall display this Policy on the Apex website as well as display the same conspicuously on the notice boards of each of its offices in English.
13.2. Each employee shall view and confirm to these policies upon joining and/or upon the same being enforced by Apex.