Frequently Asked Questions (FAQ)
What is the KTT-IR service responsible for?
All matters relating to intellectual property are the responsibility of the KTT-IR service.
What is intellectual property?
The World Intellectual Property Organization (WIPO) defines the term "intellectual property" as the designation of intellectual works: inventions, literary and artistic works and emblems, names and images used in trade.
Who owns the inventions created by UNIFR collaborators?
Inventions made by the University's collaborators belong to the University.
Fair compensation shall be paid to the author of the invention if the exploitation of the invention generates profits. (Art. 10c of the University Act).
What is a patent?
According to Art. 5 para. 1 of the Directive on Inventions, Intellectual Property Protection, Patents and Industrial Relations in the Field of Research, a patent is a title which has as its purpose the protection of an invention and which grants its holder the exclusive right to create, sell or market a product. The patent itself can be sold or licensed.
What are the three legal requirements for patenting?
Mentioned in Art. 5 para. 2 of the Directive on inventions, intellectual property protection, patents and industrial relations in the field of research, the three cumulative legal conditions are as follows:
- The invention must be new.
According to this condition, it is imperative to keep the secret of your invention before filing a patent, which implies not disclosing it, in particular in a seminar or a publication.
- The invention must be an inventive step.
- The invention is susceptible to industrial application.
- The invention must be new.
Can I work with an industry, in addition to my professional activities as a UNIFR collaborator?
University employees who wish to collaborate with industries in addition to their professional activities must check the conditions for carrying out an ancillary activity in the Directive of the same name.
It should be noted that KTT-IR advises UNIFR staff only in the context of their professional activities as staff members. If in doubt, contact the KTT-IR service.
What types of contracts does KTT-IR offer to industrial partners and then write for the university collaborator?
The KTT-IR provides the various types of contracts according to the scope of the services, the rights and obligations of the parties and the means made available. These are mainly the following contracts:
- Confidentiality agreement (art. 14)
- Research contract (art. 15)
- License agreement (art. 16)
- Service contract (art. 17)
- Material transfer contract (art. 18)
- Consultation contract (art. 19)
- Sponsorship contract (art. 20)
The KTT-IR service also provides a model research contract for Innossuisse projects.
Who is competent to sign agreements with an industrial partner?
The Rector only. In the event of delegation, the Vice-Rector responsible for research (Art. 21 para. 4 of the Directive on inventions, the protection of intellectual property, patents and industrial relations in the field of research) may be required to sign contracts not exceeding CHF 50,000.
Exception: the professor may himself or herself sign a confidentiality agreement, with the agreement of the KTT-IR service (Art. 11 para. 2 of the Directive on inventions, protection of intellectual property, patents and industrial relations in the field of research).
What is the amount of overheads received by the University of Fribourg?
The amount depends on the type of contract and is set out in Art. 10 para. 1 of the Directive on inventions, protection of intellectual property, patents and industrial relations in the field of research.
- +20% for a service contract;
- +15% for a research contract;
- +0% for material transfer and consulting contracts.
Overheads cover indirect costs, i.e. infrastructure and management costs related to projects. These are mandatory and are collected by the University.
How are the "royalty" royalties distributed?
The distribution of royalties is regulated in Art. 8 para. 7 of the Directive on inventions, intellectual property protection, patents and industrial relations in the field of research.
- Author of the invention 33.3%.
- Unit to which the inventor belongs 33.3%.
- University: "Strategic Fund for Research and Transfer of Knowledge and Technology (FSR/TT)" 33.3%
NB: If the author of the invention transfers his share (33.3%) to the unit to which he belongs, the University also undertakes to transfer two-thirds of his share. In this way, the unit receives a total of 88.8% of the royalties.
Who is responsible for paying these "royalties"?
The Administrative Director.
When does VAT apply?
VAT is mandatory in most cases. It is levied if all the intellectual property is transferred to third parties at the end of a contract (Art. 10 para. 3 of the Directive on inventions, protection of intellectual property, patents and industrial relations in the field of research).
Please consult the KTT-IR service to find out the VAT rate applicable to your project.
Who is responsible for opening an operating account (OA) to collect payments and royalties?
Administrative Directorin collaboration with the Technology Transfer.
Directives - Guidelines
Directives concerning inventions, intellectual property protection, patents and industrial relations in the field of research
Directives of May 23, 2016 (Status as of October 23, 2017) regarding the ancillary activities of professors and scientific collaborators (Guidelines on ancillary activities, DAA)
Law of 19 November 1997 (Status as of 10 September 2015) on the University