Ordinance
to the Federal Act on the Promotion
of Research and Innovation
(Research and Innovation Promotion Ordinance, RIPO)

¹ The fund­ing agen­cies shall de­cide in in­di­vidu­al cases wheth­er they wish to make the grant­ing of fed­er­al fund­ing con­tin­gent on re­quire­ments re­gard­ing the use of re­search find­ings un­der Art­icle 27 para­graphs 1 and 2 RI­PA.

² Should the fund­ing agen­cies de­cide to fol­low para­graph 1, the fol­low­ing rules shall ap­ply:

a.

Re­search­ers who, in the course of their fed­er­ally-fun­ded du­ties, make dis­cov­er­ies that are rel­ev­ant to in­tel­lec­tu­al prop­erty law must in­form the em­ploy­er high­er edu­ca­tion re­search centre.

b.

Re­search­ers and their em­ploy­er high­er edu­ca­tion re­search centre shall take meas­ures to pro­tect the in­tel­lec­tu­al prop­erty rights on find­ings and not to com­prom­ise them through pre­ma­ture pub­lic­a­tion or in any oth­er way

c.

Should the em­ploy­er high­er edu­ca­tion re­search centre ap­ply in­tel­lec­tu­al prop­erty rights to re­search find­ings, it shall pay ap­pro­pri­ate re­mu­ner­a­tion to the re­search­er un­der the prin­ciples of Art­icle 332 para­graph 4 of the Code of Ob­lig­a­tions³⁶. Spe­cial le­gis­lat­ive pro­vi­sions are re­served.

d.

After re­ceiv­ing in­form­a­tion from the re­search­ers, should the em­ploy­er high­er edu­ca­tion re­search centre take no meas­ures for the ap­plic­a­tion of in­tel­lec­tu­al prop­erty rights to re­search find­ings with­in the agreed time­frame, the re­search­ers may re­quest the re­as­sign­ment of the in­tel­lec­tu­al prop­erty rights.

e.

Should re­search res­ults rel­ev­ant to in­tel­lec­tu­al prop­erty rights be ob­tained by a high­er edu­ca­tion re­search centre in the ex­er­cise of its du­ties, wheth­er they are fed­er­ally-fun­ded or fun­ded by a third party, the high­er edu­ca­tion re­search centre shall con­trib­ute at least the same pro­por­tion as that covered by fed­er­al fund­ing to the over­all costs of the re­search pro­ject con­cerned out of the in­come from the util­isa­tion of the in­tel­lec­tu­al prop­erty rights. Art­icle 41 is re­served.

³ Should an em­ploy­er high­er edu­ca­tion re­search centre or non-com­mer­cial re­search centre out­side the high­er edu­ca­tion sec­tor not com­ply with the meas­ures for the pro­mo­tion of the util­isa­tion of re­search find­ings on which its fund­ing is con­tin­gent, the fund­ing agency can cut short the prom­ised con­tri­bu­tions or de­mand the re­pay­ment of con­tri­bu­tions already made.