INTELLECTUAL PROPERTY POLICY

Intellectual property (IP) is a cornerstone of innovation and organizational growth. This policy outlines the principles and guidelines for the management, protection, and utilization of intellectual property within the organization. By adhering to this policy, we aim to safeguard our creative and intellectual assets, foster compliance with Indian and international laws, and promote a culture of respect for intellectual property rights.

SAVE OUR CULTURAL HERITAGE FOUNDATION (SOCH™), as a pioneer in cultural preservation and sustainable development, ensures the alignment of intellectual property practices with its core mission. This policy reflects our dedication to preserving the intellectual and cultural wealth that supports our organizational objectives.

This Intellectual Property Policy applies universally to ensure consistent management, protection, and utilization of IP assets. It provides a comprehensive framework for safeguarding intellectual property, complying with Indian laws, and fostering respect for IP rights.

Scope

This policy governs all intellectual property within the Organization, including but not limited to:

• Copyrights: Literary, artistic, and educational works, software, databases, and marketing materials.
• Trademarks: Logos, brand names, slogans, and other identifiers unique to the Organization.
• Patents: Innovations, inventions, processes, and designs.
• Trade Secrets: Confidential information, methodologies, and proprietary processes.
• Domain Names: All domain names registered and used by the Organization.
• Other IP: Any other forms of intellectual property recognized under Indian and international laws.

Relevant Legal Framework

This policy adheres to the following Indian laws and their implications:

1. Companies Act, 2013 (applicable to Section 8 Companies):

1. • SOCH™, as a Section 8 Company, must ensure that its IP is used solely for promoting cultural preservation, sustainable development, and other objectives aligned with its non-profit mandate.
   • Any commercial exploitation of IP must be reinvested into the organization’s charitable goals.

1. Copyright Act, 1957:

1. • Governs the protection of original works such as literature, music, and software within the Organization.
   • Provides remedies against infringement, including statutory damages and injunctions.

1. Trade Marks Act, 1999:

Protects the Organization’s logos, brand names, and unique identifiers to prevent unauthorized use and maintain brand integrity.

1. Patents Act, 1970:

Covers innovative processes, designs, and products developed by the Organization, ensuring exclusive rights to exploit these inventions.

1. Information Technology Act, 2000:

Provides legal recognition for electronic records and ensures the protection of IP in digital formats.

1. Intellectual Property Rights (Enforcement) Rules, 2007:

Specifies procedural mechanisms for enforcing IP rights through courts and administrative authorities.

1. Arbitration and Conciliation Act, 1996:

Governs dispute resolution mechanisms for IP-related conflicts, emphasizing mediation and arbitration as preferred methods.

1. Designs Act, 2000:

Protects unique designs relevant to cultural artifacts or hospitality innovations developed within the Organization.

1. Biodiversity Act, 2002:

Ensures compliance with laws concerning the use of biological resources linked to cultural preservation and traditional knowledge.

1. Geographical Indications of Goods (Registration and Protection) Act, 1999:

Safeguards cultural heritage products or tourism-related goods qualifying for GI registration.

Ownership of Intellectual Property

1. Works Created by Employees:

1. • Intellectual property created by employees during their employment and within the scope of their duties is the sole property of the Organization.
   • Employees shall assign any rights in such works to the Organization as a condition of their employment.

1. Works Created by Contractors and Third Parties:

IP created by contractors or third parties under a contractual agreement shall be assigned to the Organization unless explicitly agreed otherwise in writing.

1. Collaborative Works:

Jointly developed IP with external collaborators will be governed by detailed agreements specifying ownership, rights, and responsibilities.

1. Pre-existing IP:

Pre-existing intellectual property remains with its original owner unless formally assigned or licensed to the Organization.

1. Government Funding and Grants:

IP developed using government funding must comply with funding agency terms and ensure alignment with Section 8 Company mandates.

Protection of Intellectual Property

1. Registration and Documentation:

1. • Copyrights, trademarks, patents, and designs shall be registered under relevant laws, including the Copyright Act, 1957, Trade Marks Act, 1999, and Patents Act, 1970 (as amended).
   • Comprehensive records of all IP assets shall be maintained for legal and operational purposes.

1. Confidentiality Measures:

Confidential intellectual property, such as trade secrets, will be safeguarded through nondisclosure agreements (NDAs) and advanced security protocols.

1. Monitoring and Enforcement:

1. • Continuous monitoring will be undertaken to detect unauthorized use, infringement, or misappropriation of the Organization’s IP.
   • Surveillance tools will be employed to identify potential infringements proactively.

1. Customary Laws and Indigenous Knowledge:

IP protection shall respect and incorporate customary laws or community rights associated with indigenous knowledge, traditional practices, or cultural artifacts.

Usage of Intellectual Property

1. Internal Use:

Employees and authorized personnel are permitted to use the Organization’s IP solely for legitimate purposes aligned with organizational objectives.

1. Third-Party Licensing:

Licenses may be granted to third parties under clear, binding agreements specifying terms, duration, and scope of usage.

1. Open-Source Contributions:

Portions of the Organization’s innovations may be contributed to open-source communities under controlled licenses.

1. Prohibited Uses:

Unauthorized reproduction, distribution, modification, or commercialization of the Organization’s IP is strictly prohibited.

Respect for Third-Party Intellectual Property

1. Compliance:

The Organization respects third-party IP rights and adheres to the Indian Copyright Act, 1957, and other relevant international agreements, such as the Berne Convention and TRIPS Agreement.

1. Due Diligence:

Necessary permissions, licenses, or agreements shall be obtained before using third-party IP.

1. Plagiarism Checks:

Mandatory use of plagiarism detection tools to ensure originality in all content generated within the Organization.

Dispute Resolution

1. Internal Resolution:

Disputes arising within the Organization concerning IP ownership or usage will first be addressed through internal resolution mechanisms.

1. Specialized IP Committees:

Establish an internal IP Review Committee comprising legal experts and senior management to oversee disputes.

1. Alternative Dispute Resolution (ADR):

Disputes may be resolved through mediation or arbitration under the Arbitration and Conciliation Act, 1996, or referred to competent judicial authorities.

Data Security and Confidentiality

1. Digital IP Storage and Backup:

Secure storage solutions for digital IP assets with encrypted backups and restricted access protocols.

1. Periodic Risk Assessments:

Conduct regular risk assessments to identify vulnerabilities in IP protection and develop countermeasures.

Employee and Stakeholder Responsibilities

1. Awareness and Compliance:

All employees, contractors, and stakeholders must familiarize themselves with this policy and adhere to its guidelines.

1. Reporting Violations:

Any suspected IP violations must be reported immediately to the designated authority within the Organization.

1. Training:

Regular training sessions, including industry-specific workshops and case studies, will be provided to enhance understanding of IP management and compliance requirements.

Policy Updates and Review

1. Stakeholder Consultations:

Engage stakeholders in the review process to reflect practical challenges and feedback.

1. Alignment with Global Standards:

Periodic benchmarking against global IP frameworks like WIPO standards and TRIPS Agreement provisions.

Contact Information

For queries or concerns regarding this Intellectual Property Policy, please contact:

• Email: info@soch.today
• Phone: +91 9711190192
• Address: 206 Plot no. B1 & B2 2^nd Floor Ashoka Apartments Community Centre Ranjit Nagar, Delhi, India, 110008

This Intellectual Property Policy reflects our commitment to safeguarding and managing intellectual property in a manner that aligns with our organizational values and legal obligations. By fostering innovation, ensuring compliance, and respecting intellectual property rights, we aim to build a resilient foundation for sustainable development and growth.