Intellectual Property
Intellectual property (IP) is one of the most valuable assets today. Areyywah has a consistent policy of identification of our intangible assets, and also envisages protection and management of its own IP well, internally and with the users of the Areyywah platform. We also want to respect the IP of others as we develop our Areyywah platform through various products and services.
Applicability
This IP Policy is applicable to everyone using the Areyywah platform. The Platform also extends its policy to the non-members who are one-time users, or who have simply visited Areyywah platform.
Policies , Procedures, And Records
- Areyywah shall respect intellectual property (IP) of itself and others as well, and manage the Areyywah platform in compliance with the IP-related laws as applicable in the jurisdiction of Republic of India and its agreements with the registered members and non-members.
- Areyywah shall actively protect its own IP.
- Areyywah shall maintain an effective system of IP asset management, including maintaining an inventory and records of IP-related assets and agreements.
- Areyywah shall not knowingly infringe a third party's intellectual property in its products, services, or components, or disclose or use a third party's trade secrets without the express or implied consent of the owner or as permitted by law.
- Areyywah shall not knowingly purchase or use counterfeit or other infringing goods and services in running its business, including counterfeit trademark goods or infringing copyright material (such as software, publications, video, audio, or other content).
- Areyywah shall document and maintain written records of all substantial transactions and uses that involve the exercise of IP rights. (This includes, for example, licenses or assignments of rights; manufacture, reproduction or distribution of patented, trademarked or copyrighted items; and disclosure and use of trade secrets.)
- Areyywah shall require, through binding policies or agreements with employees and contractors that its personnel comply with the applicable IP laws and the Areyywah's IP policies and IP-related provisions in agreements with other companies.
- Areyywah shall develop and implement a management system to help ensure that all personnel follow its IP policies. This management system shall encompass all IP-related policies, procedures and adequate and accurate records necessary to implement, measure, and improve Areyywah's IP protection and compliance program.
IP Compliance Team
Areyywah's IP protection and management shall be implemented through a cross-functional compliance team, overseen by the management of Areyywah. The said compliance team may appoint or engage any advocate or expert from within and/or outside the Areyywah to seek their opinion in carrying out their responsibilities as stated under this IP Policy.
pIn case of any grievance related to the infringement or misuse of IP on the Areyywah platform, the aggrieved person may write to Areyywah on the email id areyywah@gmail.com.
Scope And Quality Of Risk Assessment
Areyywah shall include in its risk assessment of new products, services, and business opportunities, any relevant IP protection risks.
Management of Business Partners
- Areyywah shall require its business partners to conduct their arrangements with the Areyywah in accordance with Areyywah's relevant IP protection policies.
- Areyywah shall conduct initial risk assessment and due diligence on all prospective business partners, which shall include an assessment of such companies' IP protection and management.
Security And Confidentiality Management
- Areyywah shall maintain physical security designed to effectively protect trade secrets(where applicable) and other confidential information, and IP-related records, masters, tools, inventory and related materials.
- Areyywah shall maintain computer and network security effective for protecting trade secrets, other confidential and proprietary information, and IP related records, and for discouraging violations of Areyywah's IP policies on the Areyywah's computers and networks.
- Areyywah and its personnel shall only make trade secrets and other proprietary information available to third parties on a “need to know" basis, and subject to Areyywah procedures and written agreements containing adequate confidentiality and other protections.
- Areyywah shall execute written confidential or Non-disclosure agreements with third parties prior to disclosure of any confidential information of the Areyywah to any third party.
- Any IP generated, created or developed by any of the employees/representatives and agents of the Areyywah and/or consultants engaged by the Areyywah, during the term of their employment or engagement as the case may be, for and/or on behalf of the Areyywah, shall be “work made for hire" and shall be assigned by such persons to the Areyywah. Further, Areyywah shall have the sole and exclusive ownership to such IP generated, developed or created unless otherwise agreed by the Areyywah by way of a written contract or as may be applicable by the relevant IP law.
Training And Capacity Building
- Areyywah shall provide ongoing appropriate level training on IP protection and management to all relevant personnel.
- Areyywah shall provide specialized training to those personnel responsible for the development and implementation of the IP protection, management, and compliance program.
- Areyywah shall provide appropriate level training on IP protection and management for relevant supply chain members.
Monitoring And Measurement
- Areyywah shall establish and operate a system to monitor its performance in meeting the Areyywah's relevant IP policies.
- Areyywah shall incorporate the information gained from the IP compliance team through the monitoring system into the overall evaluation of its departments.
- Corrective Actions And Improvements
- Areyywah shall maintain a system to track and deal with problems in IP protection, management and compliance found through the monitoring process. The tracking system will identify the corrective action to be taken, the timeline, and the responsible party.
- Areyywah shall develop and implement an annual or other regular improvement plan for IP protection, management, and compliance.
- In case of violation/infringement of any IPR such as trademark infringement by any employee/representative or any third party infringing upon the IPR of the Areyywah, the Compliance Team of the Areyywah would first investigate the matter in association with its Advocates and make recommendations to the Director for resolution of such violation/infringement including need for any legal course of action.
IP Licensing and Transfer
- The Areyywah may license its IP to any of its Subsidiaries, Affiliates or a third party through various modes of licensing strategy such as: Exclusive licensing, Sole licensing, Non-Exclusive Licensing, Sub-licensing and licensing in general. The Areyywah shall document such IP licensing through a license Agreement where each such license agreement shall define the terms and conditions for the proper use of IP of the Areyywah.
- The Areyywah may transfer its IP to any of its Subsidiaries, Affiliates or a third party (ies) through a signed IP transfer agreement on the conditions as may be deemed to be fit and proper to the Areyywah.
Jurisdiction
This Policy shall be governed by the laws of the Republic of India and the courts at Bangalore, Karnataka shall have the jurisdiction to the same.