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76 RESEARCH AND DEVELOPMENT SERVICES: MANUAL OF OPERATIONS

provided the exclusive licensing agreement is done with transparency and competitiveness
through a public bidding and will also bring about lower prices of seed of the new variety
for the farmers.

Section 4. A new variety, whether propagating or harvested material shall not be sold,
offered for sale or disposed off to others, by or with the consent of the breeder, for purposes
of exploitation of the variety more than a year before the date of the filing for an application
for plant variety protection.

Section 5. Germplasm may be provided by ISU to interested parties, provided the transfer of
said germplasm is covered by a material transfer agreement.

Article V - Copyright and Related Rights

Subject to the Law on Copyright of the Intellectual Property Code of the Philippines, the
following guidelines shall govern copyright and related rights at ISU.

Section 1. Ownership and Assignment of Copyright

ISU as an agency of the government of the Philippines, can not hold copyright but reserve
its rights to require prior approval if its work is exploited for commercial purposes. However,
it shall authorize its authors to individually/collectively hold copyright, if the same is
generated as part of regular duties, with the use of funds, facilities, or services, and due to
involvement with ISU and/or agency). The author shall assign copyrighted works to ISU.

Section 2. Copyright to outputs of collaborative works by ISU with other institutions shall be
governed by these guidelines and the stipulations in the agreement.

Section 3. Determination of authorship in cases of collaborative efforts among authors.

1. Joint ownership resulting from contributions from different persons shall be determined
as follows:

a. By stipulation in the research contract;

b. By application of the law on joint and/or sole ownership; and

c. Through dispute resolution arbitrated by the IP Unit Head of ISU.

Section 4. Terms and Conditions of Use of Institutional Works

1. ISU users shall be covered by the undertaking to be executed by them prior to or during
their employment or contract with ISU. They are automatically authorized to use ISU
institutional works provided that the materials are properly cited and attributed.

2. Third party users shall be covered by a separate agreement including but not limited to
the following terms and conditions.

ISU-R&D-MO-066

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