INTELLECTUAL PROPERTY POLICY
1. Introduction
1.1 Purpose and Scope
This Intellectual Property Policy (“Policy”) sets forth the framework governing the ownership, protection, use, licensing, and enforcement of all forms of Intellectual Property (as defined herein) created, acquired, used, or otherwise handled by Banqker and its Affiliates in the course of their business operations. The purpose of this Policy is to (i) safeguard Banqker’s proprietary rights in its innovations, technology, software, branding, and content; (ii) ensure compliance with applicable national and supranational laws and treaties concerning Intellectual Property Rights; (iii) mitigate legal and reputational risks arising out of IP misuse or infringement; and (iv) promote responsible innovation and collaboration while maintaining strict control over Banqker’s Intellectual Property assets.
This Policy applies to all forms of Intellectual Property developed internally, obtained under license, acquired through assignment, or used under any lawful basis by Banqker, including but not limited to copyright, trademarks, patents, trade secrets, domain names, software code, and proprietary know-how. It shall govern the conduct of all personnel, including employees, consultants, contractors, service providers, licensees, partners, and collaborators who access, contribute to, or utilize Banqker’s Intellectual Property in any manner whatsoever.
This Policy is not intended to serve as an exhaustive manual on Intellectual Property law, nor does it constitute legal advice. Instead, it provides internal rules, principles, and protocols for Banqker’s operational adherence to applicable legal and regulatory frameworks relating to Intellectual Property protection and use.
1.2 Applicability
This Policy shall apply to and bind:
All directors, officers, employees, and interns of Banqker and its Affiliates;
All third parties, including but not limited to consultants, contractors, vendors, service providers, technology partners, content contributors, licensors, and licensees, who are engaged by or enter into contractual relations with Banqker involving the development, use, distribution, or commercialization of Intellectual Property;
All jurisdictions in which Banqker operates or intends to operate, save and except the United States of America, which is expressly excluded from the territorial application of this Policy, unless otherwise agreed by express written amendment;
All forms of Intellectual Property, whether registered or unregistered, tangible or intangible, fixed or in-progress, created independently or in collaboration, and whether originating before or after the effective date of this Policy.
For the avoidance of doubt, this Policy shall form an integral part of all employment contracts, consultancy agreements, partnership agreements, joint venture arrangements, and other contractual instruments involving Banqker where the development, use, or sharing of Intellectual Property is implicated.
1.3 Definitions and Interpretations
For the purposes of this Policy, unless the context otherwise requires, the following capitalized terms shall have the meanings assigned to them below:
“Affiliate” shall mean any entity that directly or indirectly controls, is controlled by, or is under common control with Banqker, whether through ownership of voting securities, by contract, or otherwise.
“Banqker” shall refer to Banqker Holdings [insert full legal name and registration number], a company incorporated under the laws of the European Union, and its global subsidiaries, branch offices, and Affiliates, excluding any U.S.-based operations.
“Intellectual Property” or “IP” means any and all intellectual property rights and forms of protection, whether registered or unregistered, including but not limited to:
Copyrights in all original works of authorship, software code, audiovisual material, learning content, databases, and literary works;
Trademarks, service marks, trade names, logos, domain names, and trade dress;
Patents, utility models, and industrial designs;
Trade Secrets, including formulas, algorithms, business processes, strategies, client lists, and other confidential and proprietary information;
Moral Rights, database rights, rights of publicity, and any other intellectual or industrial property rights, whether existing under statute, common law, or equity, in any jurisdiction.
“Personnel” shall mean all employees, directors, officers, interns, and agents of Banqker.
“Third Party” shall include any external individual or entity that is not an employee or Affiliate of Banqker but may have access to, contribute to, or make use of Banqker’s IP under any lawful basis, including contractors, collaborators, and platform users.
“Policy” refers to this Intellectual Property Policy as may be amended, restated, or supplemented from time to time by Banqker.
Words denoting the singular shall include the plural and vice versa. Words denoting any gender shall include all genders. References to any law or statute shall include references to such law or statute as amended, re-enacted, or replaced from time to time.
2. Intellectual Property Ownership
2.1 Ownership of Developed IP
2.1.1 All Intellectual Property conceived, created, developed, authored, generated, or reduced to practice by Banqker Personnel—whether solely or jointly with others—during the course of their employment, engagement, or association with Banqker, and arising out of or related to any task, duty, assignment, or project undertaken on behalf of or in connection with Banqker (collectively, “Developed IP”) shall vest exclusively in Banqker, notwithstanding any moral rights or authorship claims.
2.1.2 Banqker shall be deemed the sole and exclusive owner of all right, title, and interest, including all economic and moral rights (to the extent assignable or waivable under applicable law), in and to such Developed IP, without limitation in territory, time, or field of use, whether or not such IP has been registered or is capable of registration.
2.1.3 To the extent any such rights do not automatically vest in Banqker by operation of law, the creator, author, developer, or contributor hereby irrevocably assigns, transfers, and conveys to Banqker, with full title guarantee and without any further consideration, all such rights, including all future rights and renewals thereof, and agrees to execute all instruments necessary to perfect Banqker’s ownership of the same.
2.1.4 Unless expressly authorised in writing, no Personnel shall assert, retain, license, or exploit any right, title, or interest in Developed IP created during their engagement with Banqker, regardless of whether such creation occurs in the course of employment, on or off premises, or during or outside working hours, if it relates to Banqker’s business, technology, strategy, or operations.
2.1.5 Inventions or works created independently and demonstrably without access to Banqker’s confidential information, resources, or assignments, and which fall outside the scope of Banqker’s business, may be excluded from this provision upon prior disclosure and written confirmation by Banqker.
2.2 Third-Party IP and Licensing
2.2.1 Banqker acknowledges that certain Intellectual Property rights may be lawfully acquired from third-party licensors or open-source repositories under valid licenses (“Third-Party IP”). Any use of Third-Party IP within Banqker’s platforms, content, software, or deliverables shall be strictly in accordance with the terms and conditions of such underlying licenses.
2.2.2 Prior to integration or use of any Third-Party IP, all Personnel must obtain necessary approvals from Banqker’s Legal or IP Compliance Team, including a license compliance review to assess the permissibility of usage, distribution rights, modification limits, sublicensing, and attribution requirements.
2.2.3 No Third-Party IP may be embedded, redistributed, or combined with Banqker’s proprietary IP in a manner that may (i) contaminate Banqker’s proprietary rights, (ii) impose copyleft obligations on Banqker, or (iii) subject Banqker to indemnity or liability risks not contractually addressed.
2.2.4 Banqker shall maintain a register of all third-party software libraries, plugins, frameworks, and content assets utilized within its ecosystem, along with applicable licensing terms and renewal schedules.
2.2.5 All rights not expressly granted by the third-party licensors shall be deemed reserved to such licensors, and Banqker disclaims any ownership in such third-party materials beyond the scope of the applicable license.
2.3 Joint Ownership and Collaborative Works
2.3.1 Where Banqker enters into research partnerships, joint ventures, co-development arrangements, or innovation programs involving the collaborative creation of Intellectual Property with any third party (“Collaborative IP”), the ownership of such IP shall be governed strictly by the terms of the governing agreement executed between the parties.
2.3.2 Unless expressly stated otherwise, no joint ownership shall be presumed, and any IP arising out of such collaborative efforts shall be owned by Banqker, or assigned to Banqker, with appropriate rights granted back to the contributing party only to the extent explicitly documented.
2.3.3 In cases where joint ownership is agreed upon, such arrangements shall:
Clearly demarcate each party’s field of use and territorial rights;
Restrict unilateral exploitation, licensing, or transfer of jointly owned IP without the prior written consent of the other party;
Address the filing, prosecution, maintenance, and enforcement of the jointly owned rights;
Allocate financial responsibilities, including costs of registration, renewal, and litigation.
2.3.4 For avoidance of ambiguity, any joint development with educational institutions, NGOs, public sector partners, or incubation entities shall also be governed by this clause, and all IP generated in such engagements shall be proactively assessed and documented to mitigate future ownership disputes.
2.4 Assignment and Transfer of IP Rights
2.4.1 All Personnel, collaborators, and contractors engaged by Banqker shall be required to execute legally binding Intellectual Property Assignment and Non-Disclosure Agreements as a condition precedent to their engagement.
2.4.2 No IP developed under the aegis of Banqker may be assigned, transferred, sold, or otherwise alienated by any Personnel or third party without the prior written consent of Banqker’s Legal Department and execution of a formal Deed of Assignment, compliant with the applicable governing law and registration procedures (where relevant).
2.4.3 Banqker reserves the right to assign or transfer its Intellectual Property, in whole or in part, to its Affiliates, successors-in-interest, or acquirers as part of any restructuring, merger, acquisition, or asset transfer, subject to applicable law and any relevant contractual obligations.
2.4.4 Any purported transfer or assignment of IP in contravention of this Policy shall be null and void ab initio and shall expose the violating party to disciplinary action, contractual liability, and legal recourse including injunctive relief and damages.
3. Types of Intellectual Property
Banqker recognizes and protects multiple categories of Intellectual Property (IP) that are fundamental to its business operations, including proprietary technologies, educational content, visual assets, confidential business information, and brand identifiers. This Section outlines the principal types of IP assets owned, used, or managed by Banqker and delineates the protections, protocols, and usage limitations applicable to each.
3.1 Copyright
Copyright protects original works of authorship fixed in any tangible medium of expression. All such works created by or for Banqker shall be protected in accordance with the Berne Convention, Directive 2001/29/EC of the European Parliament, and other applicable national and international laws.
3.1.1 Software Code
All source code, object code, scripts, algorithms, APIs, and programmatic elements developed internally or under contractual engagement for Banqker’s platforms, products, or internal systems are copyright-protected works.
No part of the codebase may be copied, reused, forked, decompiled, reverse-engineered, or sublicensed except with express prior written authorization from Banqker’s CTO and Legal Department.
Open-source components shall be used strictly in accordance with the respective license terms (e.g., MIT, GPL, Apache), and a compatibility analysis must be undertaken to ensure that such integration does not compromise Banqker’s proprietary rights or create adverse licensing obligations.
3.1.2 Educational Content
All digital learning materials, gamified modules, curriculum maps, scripts, assessments, animations, videos, infographics, and other pedagogical assets created by or for Banqker are the exclusive copyright of Banqker.
Such content may not be reproduced, repurposed, distributed, or adapted for use in any other platform, app, or learning management system without a license or formal content distribution agreement.
Attribution shall be retained in all permissible uses of Banqker’s copyrighted educational content, and moral rights of authorship (to the extent non-waivable under applicable law) shall be acknowledged.
3.1.3 Website and Platform Design
The graphical user interfaces, visual design elements, layout structures, workflows, and original UI/UX components of Banqker’s websites and mobile applications are subject to copyright protection.
Cloning, mimicking, or substantially reproducing any such elements is strictly prohibited and will be legally pursued as infringement.
Any third-party developers contributing to these assets must execute enforceable assignment agreements transferring all rights in the created works to Banqker.
3.2 Trademarks
Trademarks function as brand identifiers and are vital to Banqker’s reputation, goodwill, and market recognition. Banqker shall maintain, register, and enforce its trademark portfolio in all relevant jurisdictions of operation.
3.2.1 Company Name and Logo
The name “Banqker” and its associated logos, visual marks, and corporate identity symbols are registered and/or common law trademarks of Banqker.
Unauthorized use, modification, imitation, or dilution of Banqker’s trade name or logo—whether in commerce, advertising, or digital domains—is prohibited.
Internal branding use must comply with Banqker’s Brand Guidelines, and external use shall require written trademark usage authorization.
3.2.2 Product and Service Names
Names, phrases, and taglines used in relation to Banqker’s proprietary products, games, tools, APIs, or educational modules (e.g., “Fin-Lit Game Suite”, “EduWallet Tracker”) may be trademarked and shall be treated as protected brand elements.
New product names proposed for trademark registration must be cleared by the Legal Department to avoid conflicts, dilution, or refusals at trademark offices.
All licensed uses of Banqker’s service marks or trade names must include the proper trademark symbols (™, ®) where applicable.
3.3 Patents
Patents are intended to protect Banqker’s technical innovations that meet the statutory requirements of novelty, inventiveness, and industrial applicability.
3.3.1 Patentable Innovations
Patentable subject matter may include, inter alia, proprietary algorithms, blockchain applications for financial education, gamified learning systems, and other fintech or edtech solutions developed in-house.
Banqker shall assess patentability under the European Patent Convention (EPC), the Patent Cooperation Treaty (PCT), and relevant national laws to secure territorial exclusivity over its innovations.
No public disclosure or commercial deployment of potentially patentable inventions shall be made prior to the filing of patent applications, to preserve novelty and priority.
3.3.2 Patent Filing and Maintenance
All patent filings shall be conducted through authorized patent counsel, under the supervision of the IP Legal Team.
Banqker shall maintain a Patent Register containing information about filings, deadlines, priority dates, jurisdictions, and renewal status.
Inventors shall be disclosed in all filings in accordance with applicable law; however, all rights in the invention shall be contractually assigned to Banqker.
In jurisdictions where employee inventions trigger mandatory compensation rights (e.g., Germany), Banqker shall comply with statutory inventor remuneration obligations.
3.4 Trade Secrets
Banqker protects its confidential business assets and undisclosed information as trade secrets under the EU Trade Secrets Directive (Directive (EU) 2016/943) and other applicable national statutes.
3.4.1 Confidential Business Information
Trade secrets include but are not limited to: product roadmaps, proprietary algorithms, pricing models, user data analytics strategies, partner lists, platform architecture, non-public financials, internal policies, and market research.
Such information must not be disclosed to any third party unless covered by a valid Non-Disclosure Agreement (NDA), and only on a strictly need-to-know basis.
3.4.2 Protection Measures
Banqker shall implement administrative, physical, and technical safeguards to protect the confidentiality of its trade secrets, including access restrictions, data encryption, password protections, document watermarks, and confidentiality training.
All Personnel are bound by confidentiality obligations during and after the termination of their association with Banqker.
Misappropriation, unauthorized use, or negligent disclosure of trade secrets shall result in disciplinary proceedings and civil/criminal liability under applicable laws.
4. IP Registration and Maintenance
Banqker shall maintain full legal control over its Intellectual Property (IP) portfolio through proactive registration, periodic renewals, and rigorous documentation protocols. This Section sets forth the procedures and responsibilities associated with securing, preserving, and managing Banqker’s registered and registrable Intellectual Property Rights across jurisdictions, in alignment with applicable national and supranational IP laws and conventions.
4.1 Registration Procedures
4.1.1 Jurisdictional Strategy
All Intellectual Property eligible for registration (including but not limited to trademarks, patents, industrial designs, and copyrights where required) shall be registered in jurisdictions where Banqker currently operates or reasonably foresees business expansion, subject to market relevance and enforceability considerations.
4.1.2 Internal Approval and Legal Oversight
All IP registration activities shall be initiated only upon prior approval from the Head of Legal or Designated IP Counsel. Such approvals shall consider business strategy, cost implications, likelihood of registration success, and potential infringement risk.
4.1.3 Selection of IP Agents and Counsel
Banqker shall engage only qualified and duly licensed trademark attorneys, patent agents, and/or IP law firms for filing and prosecution of IP rights in foreign jurisdictions. Local counsel must be vetted and approved by the Legal Department.
4.1.4 Priority Claims and Timelines
Where applicable, filings shall be made within the priority period established under the Paris Convention or Patent Cooperation Treaty (PCT) to preserve international rights. Legal teams must track and adhere to all jurisdiction-specific statutory deadlines for filing.
4.1.5 Pre-Filing Due Diligence
Prior to registration:
For trademarks, comprehensive clearance searches must be conducted to avoid conflicts or oppositions;
For patents, novelty and inventive step analyses must be undertaken by qualified patent counsel;
For copyright, authorship and creation records must be verified.
4.1.6 Use Requirements and Intent-to-Use Filings
Where a use-based filing system applies (e.g., Canada, India), Banqker shall maintain records demonstrating bona fide use in commerce or submit affidavits of intent to use, where permissible.
4.2 Renewal and Maintenance
4.2.1 Renewal Tracking System
Banqker shall maintain a centralized docketing system or IP Management Software to track all renewal and annuity deadlines for registered IP, including trademark renewals, patent maintenance fees, and domain name registrations.
4.2.2 Responsible Departments
Renewals shall be the responsibility of the Legal Department in coordination with external IP counsel. Budgetary approvals for renewals must be pre-sanctioned by the Chief Financial Officer (CFO) or a delegated officer.
4.2.3 Non-Renewal and Abandonment Protocols
Where a registered IP is deemed commercially obsolete or legally indefensible, the Legal Department shall provide a written recommendation for abandonment or non-renewal, which must be approved by the Board or the CEO. Such decisions shall be documented along with risk assessments.
4.2.4 Penalties for Lapse
Any lapse in maintenance attributable to negligence, administrative failure, or non-compliance shall be formally investigated. Personnel responsible for such lapses may be subject to internal disciplinary procedures.
4.3 Record-Keeping and Documentation
4.3.1 IP Asset Register
Banqker shall maintain an up-to-date, auditable IP Register that includes:
The title and description of the IP asset;
The owner (Banqker or affiliated entity);
Jurisdictions of protection;
Registration numbers and status;
Filing, grant, and renewal dates;
Any licenses, assignments, or liens associated with the IP.
4.3.2 Documentation Archive
All original registration certificates, filings, correspondence, search reports, and legal opinions shall be archived digitally in a secure, access-controlled repository. Hard copies of critical IP documentation must be stored in fireproof and tamper-proof storage facilities at the legal office headquarters.
4.3.3 Audit and Compliance Reporting
An internal IP audit shall be conducted at least once every 24 months to ensure that all registrations are current, renewal obligations are fulfilled, and documentation is complete. External IP counsel may be engaged to assist in these audits and to issue a compliance certificate.
4.3.4 Change of Ownership or Title
Any change in ownership, address for service, name of the applicant, or entity restructuring affecting the title of a registered IP asset must be recorded with the relevant IP offices promptly. Delayed recordation may impact enforceability.
4.3.5 Confidentiality of Records
Access to the IP Register and documentation archive shall be restricted to authorized personnel only. Disclosure of such records to third parties shall require a signed Non-Disclosure Agreement (NDA) and approval from the General Counsel.
5. Use of Intellectual Property
Banqker’s Intellectual Property (“IP”) represents the backbone of its commercial value, brand equity, and technological innovation. This Section sets forth the protocols and legal boundaries governing the use of Banqker’s IP by internal stakeholders, third parties, and business partners. All use—whether internal or external—must be consistent with Banqker’s strategic objectives, legal entitlements, and the applicable laws governing IP use in the relevant jurisdictions.
5.1 Internal Use
5.1.1 Authorized Personnel and Departments
Use of Banqker’s proprietary IP (including software code, logos, learning content, processes, algorithms, and other intangible assets) within the organization shall be restricted to employees, departments, and authorized contractors who have a legitimate business need and appropriate clearances. All such use must align with Banqker’s business purpose and must be conducted under the oversight of relevant department heads.
5.1.2 Access Control and Data Security
Banqker shall implement access-control mechanisms, role-based privileges, and authentication protocols to ensure that IP assets—particularly trade secrets, source code, and design documentation—are only accessible to duly authorized personnel. Use of such IP must conform to Banqker’s Information Security and Data Protection policies.
5.1.3 Development and Derivative Works
Any internal development of derivative works based on Banqker’s existing IP shall be deemed an extension of the core IP and shall automatically vest in Banqker. Personnel are prohibited from creating forks, clones, or adaptations for personal use or external deployment.
5.1.4 Training and Use Guidelines
All employees shall receive periodic training on acceptable and unacceptable uses of IP. Department-specific use guidelines and compliance checklists shall be issued to ensure operational clarity.
5.2 External Use and Licensing
5.2.1 Permitted External Use
External use of Banqker’s IP—including dissemination of educational content, publication of white papers, display of trademarks, or offering of platform APIs—shall be permitted strictly in accordance with:
Executed license agreements,
Strategic partnership frameworks,
Platform Terms of Use or User Agreements, and
Banqker’s brand usage and IP exploitation policies.
5.2.2 Licensing Framework
Banqker may, at its sole discretion, grant third parties licenses to use its IP on a limited, revocable, non-exclusive, non-transferable basis, subject to:
Clearly defined scope of use (e.g., geographical, temporal, functional limitations),
Royalties or revenue-sharing arrangements, where applicable,
Restrictions on sublicensing, modification, or reverse engineering,
Prohibitions on using IP in misleading, defamatory, unethical, or unlawful contexts.
All license agreements must be vetted and approved by the Legal Department and executed in writing.
5.2.3 Open-Source and Shared Use
Where Banqker elects to release software or content under an open-source or Creative Commons license, the applicable license terms shall govern. However, any such release must be authorized in writing by the Chief Technology Officer (CTO) and General Counsel.
5.2.4 Third-Party Marketing and Branding Use
Vendors, media partners, educational institutions, and collaborators wishing to use Banqker’s name, logo, or other brand elements must seek prior written approval and adhere strictly to Banqker’s Brand Usage Guidelines. Any deviation shall be grounds for immediate termination of the usage right and possible legal action.
5.2.5 Monitoring and Compliance
Banqker reserves the right to monitor all third-party use of its IP, whether licensed or otherwise, and may conduct periodic audits to verify compliance with usage terms. Non-compliance may result in immediate termination of license, legal proceedings, and claims for injunctive relief or damages.
5.3 Restrictions on Use
5.3.1 Prohibited Uses
Unless expressly authorized by Banqker in writing, no person or entity shall:
Copy, reproduce, display, perform, distribute, modify, create derivative works from, or otherwise exploit any Banqker IP for commercial or non-commercial purposes;
Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any software owned or licensed by Banqker;
Use Banqker trademarks, trade dress, or branding elements in a manner likely to cause confusion, dilution, deception, or false association;
Frame or mirror any part of Banqker’s platform without authorization;
Remove, obscure, or alter any proprietary notices, disclaimers, or legal legends affixed to Banqker’s IP;
Use Banqker’s IP in a manner that violates applicable laws, promotes unethical conduct, or harms Banqker’s reputation.
5.3.2 Revocation of Use Rights
Banqker reserves the unfettered right to revoke any license or permission granted for IP use at its sole discretion if:
There is a breach of the applicable terms,
Continued use is no longer in Banqker’s strategic interest,
The user engages in conduct that exposes Banqker to liability or reputational harm.
5.3.3 Unauthorized Use and Enforcement
All instances of unauthorized use, infringement, misappropriation, or dilution of Banqker’s IP shall be treated as legal violations. Banqker will take all necessary enforcement measures including cease and desist notices, takedown requests, and legal proceedings, both civil and criminal, under applicable national and international laws.
5.3.4 No Implied License
Nothing contained in this Policy or in Banqker’s public-facing materials shall be construed as conferring, by implication, estoppel, or otherwise, any license or right to use any IP owned or controlled by Banqker, unless expressly granted in writing.
6. Infringement and Enforcement
Banqker is committed to the proactive protection and legal enforcement of its Intellectual Property Rights (IPRs) across all jurisdictions of operation. This Section outlines the procedures and mechanisms through which Banqker monitors potential IP infringements, facilitates internal and external reporting, undertakes appropriate enforcement actions, and resolves disputes arising from unauthorised use or misappropriation of its IP assets.
6.1 Monitoring and Detection
6.1.1 Active Surveillance
Banqker shall implement a continuous IP surveillance program using internal teams and external IP monitoring service providers to identify:
Trademark misuse or impersonation;
Copyright piracy or unauthorised content sharing;
Patent infringement or technical replication;
Domain squatting, cybersquatting, or keyword hijacking;
Source code theft, leaks, or reproduction;
Trade secret leaks or insider misuse.
6.1.2 Digital and Offline Channels
Monitoring shall include digital platforms (websites, app stores, marketplaces, social media, GitHub, torrent sites), print media, competitor offerings, and educational portals to detect infringements.
6.1.3 Third-Party Watch Services
Trademark watch services, anti-piracy bots, DMCA enforcement agents, and patent citation monitors shall be engaged on a need basis in critical jurisdictions to alert Banqker of any conflicting applications, infringements, or dilution risks.
6.1.4 Preventive Technologies
Where feasible, Banqker shall implement watermarking, fingerprinting, blockchain timestamping, and Digital Rights Management (DRM) technologies to establish provenance and detect unauthorised replication of its IP.
6.2 Reporting Infringements
6.2.1 Internal Reporting Mechanism
All employees, contractors, and stakeholders must report suspected or actual IP infringement incidents immediately to the Legal Department using the designated IP Incident Report Form. Prompt reporting is critical to preserving enforcement rights and avoiding waiver or estoppel defenses.
6.2.2 External Reporting by Third Parties
Banqker encourages external parties (e.g., users, partners, licensees) to report IP infringements via its official reporting channels, including a dedicated email address (e.g., iplegal@banqker.com) and web-based complaint portal. Anonymous or pseudonymous submissions will be reviewed, subject to credibility assessment.
6.2.3 Mandatory Information for Reports
Each infringement report should, where possible, include:
Description of the allegedly infringing material;
URL or location of the infringement;
Name and contact details of the reporter;
Date and time of discovery;
Supporting screenshots, documents, or links.
6.2.4 Whistleblower Protection
Banqker shall protect the confidentiality and non-retaliation rights of bona fide whistleblowers reporting internal misuse or unauthorised commercialisation of Banqker’s IP by employees or insiders.
6.3 Enforcement Actions
6.3.1 Cease-and-Desist Notices
Upon confirmation of an infringement, Banqker’s Legal Department shall issue formal cease-and-desist notices to the infringing party, demanding immediate cessation of the infringing activity, removal of infringing content, and, where applicable, compensation or corrective undertakings.
6.3.2 Take-Down Requests
Where the infringement occurs online, Banqker shall file takedown notices under the Digital Millennium Copyright Act (DMCA), EU Digital Services Act (DSA), or relevant intermediary liability frameworks with hosting providers, app stores, domain registrars, or social media platforms.
6.3.3 Opposition and Cancellation Proceedings
If an infringing or confusingly similar trademark is discovered, Banqker may initiate opposition or cancellation proceedings before the applicable IP office or tribunal to invalidate the third-party registration or application.
6.3.4 Civil Legal Action
Banqker reserves the right to initiate civil proceedings for infringement, seeking remedies including injunctive relief, delivery-up or destruction of infringing goods, compensatory damages, account of profits, and legal costs. Choice of forum and applicable law shall be determined based on jurisdictional convenience and enforceability.
6.3.5 Criminal Complaints
Where infringement constitutes a cognisable offence (e.g., piracy, trade secret theft, forgery), Banqker may lodge criminal complaints with relevant authorities in cooperation with law enforcement and cybercrime cells.
6.3.6 Alternative Remedies
Banqker may also explore:
Domain name arbitration (e.g., under the UDRP or EURid ADR Rules);
Customs recordation for border enforcement of IP rights;
ADR/mediation to resolve licensing or infringement-related disputes.
7. Employee and Contractor Obligations
All employees, contractors, consultants, and similar personnel (collectively, “Personnel”) engaged with Banqker are under a legal and fiduciary duty to protect and uphold the sanctity of Banqker’s Intellectual Property Rights (IPRs). This Section outlines the specific obligations of such Personnel concerning the creation, handling, and termination-related protocols for IP assets developed or accessed during their engagement.
7.1 IP Creation and Ownership
7.1.1 Automatic Vesting of Rights
All Intellectual Property (whether registrable or unregistrable) conceived, authored, developed, or contributed to by any Personnel during the course of their engagement with Banqker, and which relates to Banqker’s business, platforms, technologies, research, or educational content, shall automatically and irrevocably vest in Banqker, irrespective of whether it was developed during official working hours or using company resources.
7.1.2 Works Made for Hire
To the fullest extent permissible under applicable law, all IP created by Personnel in the course of employment or contractual engagement shall be deemed “works made for hire,” and Banqker shall be the first and exclusive owner of all resulting rights, title, and interest.
7.1.3 Assignment and Waiver of Moral Rights
To the extent that rights do not vest automatically, each Personnel shall be contractually obligated to execute all necessary documents—including deeds of assignment, invention disclosures, and confirmatory transfers—at the request of Banqker. Furthermore, creators shall, to the extent legally permissible, waive all moral rights (e.g., rights of attribution, integrity, and disclosure) in favour of Banqker.
7.1.4 No Personal Entitlement
Personnel shall have no claim, entitlement, or expectation of ownership, authorship credit, or economic interest in any IP developed during their engagement, unless explicitly provided otherwise in a separate agreement executed with the prior written approval of the General Counsel.
7.1.5 Use of Personal Tools and Materials
Where any personal tools, scripts, frameworks, or libraries are used by Personnel in the creation of Banqker IP, such use must be disclosed and pre-approved. Failure to do so may result in such tools being deemed incorporated into Banqker IP and owned accordingly.
7.2 Confidentiality Agreements
7.2.1 Execution of NDA/Confidentiality Covenants
All Personnel shall be required to execute a binding Non-Disclosure Agreement (NDA) or confidentiality clause as a precondition to onboarding. This obligation shall survive the termination or expiration of engagement and shall be of indefinite duration for trade secrets and proprietary information.
7.2.2 Scope of Confidential Information
Confidential Information shall include, but not be limited to: source code, databases, APIs, unreleased products, business models, financial data, partner relationships, user analytics, internal roadmaps, trade secrets, and any information marked or reasonably understood to be confidential.
7.2.3 Use and Disclosure Restrictions
Personnel shall not disclose, discuss, share, transmit, or store Confidential Information outside the prescribed security protocols. Any communication of such information to third parties, including family members or non-engaged individuals, is strictly prohibited and shall attract disciplinary and legal consequences.
7.2.4 Return or Deletion of Materials
Upon request or at the time of exit, Personnel shall be obligated to return, destroy, or permanently erase all Confidential Information, documents, source code, devices, and access credentials in their possession, custody, or control.
7.3 Exit Procedures and IP Rights
7.3.1 Exit Interview and IP Disclosure
As part of the offboarding process, exiting Personnel shall undergo a formal exit interview with the Human Resources and Legal departments. The interview shall include confirmation of all IP created during the term, identification of pending assignments, and reminders of post-termination obligations.
7.3.2 Certificate of Compliance
Departing Personnel shall be required to execute a Certificate of IP Compliance affirming that:
No proprietary IP of Banqker is retained in their possession;
No Confidential Information has been disclosed or misappropriated;
They understand and will comply with post-termination confidentiality and non-use obligations.
7.3.3 Reassignment of Residual IP
Should any IP be discovered post-exit which was created during the term of engagement, the former Personnel shall, upon request, promptly execute an assignment or confirmatory document transferring all rights in such IP to Banqker without expectation of further remuneration.
7.3.4 Post-Termination Restrictions
Former Personnel are prohibited from:
Using Banqker’s proprietary tools, codebases, or documentation in future engagements;
Contributing to competitive platforms using confidential insights gained at Banqker;
Claiming authorship, publicizing contributions, or reproducing Banqker content without express written consent.
7.3.5 Breach Consequences
Any breach of these obligations shall entitle Banqker to seek injunctive relief, compensatory damages, legal costs, and any other remedy available under contract, tort, or statutory IP law.
8. Compliance with Laws and Regulations
Banqker is committed to upholding and enforcing Intellectual Property Rights (IPRs) in accordance with applicable legal frameworks and international best practices. The development, registration, enforcement, licensing, and commercialisation of Banqker’s Intellectual Property shall be carried out in strict conformity with prevailing statutory requirements, treaty obligations, and jurisdiction-specific regulations. This Section outlines the key regulatory frameworks that govern Banqker’s IP-related activities.
8.1 European Union IP Laws
8.1.1 EU Framework as Governing Baseline
As Banqker is incorporated and primarily domiciled within the European Union, all of its Intellectual Property practices shall be governed, at a minimum, by the applicable EU Directives, Regulations, and case law, unless a stricter or more protective standard is imposed under a local jurisdiction.
8.1.2 Key Instruments of Compliance
Banqker shall ensure compliance with the following key legal instruments:
Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (Trade Secrets Directive);
Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights (InfoSoc Directive);
Regulation (EU) 2017/1001 on the European Union Trade Mark (EUTMR);
Regulation (EC) No 6/2002 on Community Designs;
European Patent Convention (EPC), as implemented through the European Patent Organisation.
8.1.3 Data Protection and IP Intersection
Where Banqker’s IP portfolio includes datasets, user-generated content, or proprietary databases, the company shall ensure simultaneous compliance with the General Data Protection Regulation (EU) 2016/679 (GDPR) to avoid conflicts between IP enforcement and personal data rights.
8.1.4 Enforcement Through EUIPO and National Authorities
All relevant Intellectual Property, including trademarks and designs, shall be registered and enforced through the European Union Intellectual Property Office (EUIPO) or the national IP offices of Member States, as appropriate. Patent filings shall proceed via the European Patent Office (EPO) or PCT national phase entry, as strategically determined.
8.2 International Treaties and Conventions
8.2.1 Global IP Framework Compliance
In jurisdictions outside the EU, Banqker shall adhere to the international IP framework established under the following treaties and conventions, to which most countries of operation are signatories:
Paris Convention for the Protection of Industrial Property (1883);
Berne Convention for the Protection of Literary and Artistic Works (1886);
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1994;
Patent Cooperation Treaty (PCT), 1970;
Madrid System for the International Registration of Marks;
WIPO Copyright Treaty (WCT), 1996;
Hague Agreement Concerning the International Registration of Industrial Designs.
8.2.2 Priority Rights and Reciprocity
Banqker shall invoke applicable priority rights available under the Paris and Berne Conventions, and shall benefit from national treatment and reciprocity in jurisdictions that are members of these treaties, thereby ensuring enforceability of its IP rights globally.
8.2.3 WIPO Enforcement Mechanisms
Where relevant, Banqker may utilize WIPO-administered ADR mechanisms, including arbitration, mediation, or domain name dispute resolution under the UDRP, to resolve international IP conflicts efficiently and cost-effectively.
8.3 Jurisdiction-Specific Compliance
8.3.1 Country-Specific Registrations and Filings
Banqker shall comply with all national IP laws of the countries where it operates, offers products/services, or anticipates infringement risks. Local counsel shall be consulted to ensure filings, renewals, and enforcement actions conform to procedural and substantive requirements in those jurisdictions.
8.3.2 Localization of Licenses and Agreements
IP license agreements, NDAs, content distribution deals, and technology transfer contracts shall be localized to comply with domestic contract law, IP statutes, and regulatory disclosures in each jurisdiction, and shall be translated into the official language of the applicable forum where required.
8.3.3 Regulatory Declarations and Compliance
Where IP is commercialized in regulated sectors (e.g., education, finance, or healthcare), Banqker shall ensure that all marketing and distribution activities meet local compliance thresholds, including:
IP tax disclosures or transfer pricing requirements;
Governmental clearances for software or algorithmic tools (e.g., FinTech sandboxes or edtech licenses);
Sector-specific copyright levies or collective licensing mandates.
8.3.4 Enforcement Under Local Law
Banqker shall respect the territoriality principle of IP law and undertake infringement litigation, customs recordation, or opposition proceedings in accordance with the forum’s laws, procedural rules, and evidentiary requirements. Banqker shall engage local IP litigators to represent its interests where direct enforcement is necessary.
8.3.5 Export Control and IP Transfer Restrictions
Where Banqker licenses or transfers IP across borders, it shall ensure compliance with applicable export control laws, technology transfer restrictions, and foreign exchange regulations, including but not limited to EU Dual-Use Regulations and the local equivalents of OFAC sanctions and embargoes.
9. IP Policy Governance
The governance of Banqker’s Intellectual Property Policy (“Policy”) shall be structured to ensure its dynamic relevance, enforceability, and alignment with evolving legal frameworks, technological advancements, and business needs. This Section lays down the institutional mechanisms for periodic policy review, assignment of roles and responsibilities, and internal dissemination through training and awareness programs.
9.1 Policy Review and Updates
9.1.1 Periodic Review Cadence
This Policy shall be reviewed at least once every twenty-four (24) months or earlier in response to material changes in:
Applicable IP laws and regulatory frameworks (EU, national, or international);
Banqker’s operational geographies, business models, or product portfolios;
Industry best practices or technological disruption (e.g., AI-generated works, smart contracts, open-source licensing trends).
9.1.2 Trigger-Based Amendments
Interim reviews may be triggered by:
An adverse legal judgment or enforcement action;
An internal audit finding indicating non-compliance or gaps;
The launch of new IP-dependent products or strategic partnerships;
Updates in cross-border IP transfer laws, export controls, or digital enforcement regimes.
9.1.3 Approval and Adoption Protocol
All amendments to this Policy shall be proposed by the General Counsel or Designated IP Officer and must be approved by Banqker’s Board of Directors or its delegated subcommittee. Upon approval, the updated version shall be distributed to all affected departments and published on Banqker’s internal policy portal.
9.1.4 Supersession and Version Control
The latest adopted version of this Policy shall supersede all previous versions, and version control shall be maintained by the Compliance and Legal Departments. All superseded policies shall be archived with appropriate versioning and date stamps.
9.2 Roles and Responsibilities
9.2.1 Board and Executive Oversight
Banqker’s Board of Directors shall maintain overarching accountability for the governance of IP strategy, including alignment with corporate objectives, brand protection, risk mitigation, and value creation through IP commercialization.
9.2.2 General Counsel / Chief Legal Officer
The General Counsel shall be the primary owner of this Policy and shall be responsible for:
Ensuring compliance with IP laws and treaties;
Overseeing registrations, renewals, enforcement actions, and litigation;
Advising the business on licensing, joint development, and IP risk exposure;
Appointing local counsel and managing external IP agents.
9.2.3 Designated IP Officer
Banqker may appoint a dedicated IP Officer or IP Manager responsible for:
Maintaining the IP Asset Register and Docketing Systems;
Tracking renewal deadlines and jurisdictional filings;
Conducting IP audits and assisting in IP valuation exercises;
Reviewing open-source integration and compliance.
9.2.4 Departmental Heads
Each business unit head (e.g., Product, Marketing, Technology, Education) shall:
Ensure their teams are aware of and comply with IP usage restrictions;
Flag potential infringements or misuse;
Submit proposed trademarks, content, or technology for pre-approval;
Support IP ownership documentation and disclosures.
9.2.5 Employees and Contractors
All Banqker Personnel, irrespective of seniority or function, shall:
Comply with this Policy in letter and spirit;
Avoid unauthorised use or disclosure of IP assets;
Promptly report infringements, violations, or suspected misuse;
Execute required assignments, NDAs, and exit declarations in a timely manner.
9.3 Training and Awareness
9.3.1 Mandatory IP Onboarding Program
All new hires, including employees and independent contractors, shall undergo a mandatory IP orientation during onboarding, covering:
IP ownership rules;
Confidentiality obligations;
Use of open-source, public domain, or third-party materials;
Consequences of IP infringement or data leakage.
9.3.2 Annual Refresher Sessions
Banqker shall conduct annual refresher training on IP compliance, recent legal updates, and lessons learned from past incidents. Attendance shall be recorded, and completion shall be tied to annual compliance certifications.
9.3.3 Specialist Deep-Dives
Targeted workshops shall be held for high-risk functions (e.g., developers, marketing teams, content creators, data scientists) covering:
Software licensing models (GPL, MIT, Apache);
Trademark usage and brand compliance;
Copyright clearance and attribution rules;
IP implications in AI, blockchain, and data analytics.
9.3.4 Resource Accessibility
Banqker shall maintain a centralised IP resource repository containing:
This Policy and all related SOPs;
FAQs and guidance notes;
Template NDAs, IP assignment forms, and licensing checklists;
Contact details of the IP Officer and Legal Helpdesk.
9.3.5 Employee Feedback and Continuous Improvement
Personnel shall be encouraged to submit feedback on IP-related challenges, grey areas, or policy ambiguities. The Legal Department shall periodically review such feedback to enhance training modules and strengthen compliance protocols.
10. Dispute Resolution and Governing Law
In the event of a dispute, claim, or controversy arising from this Policy, Banqker has established a structured resolution framework as specified in its Terms of Use, which is incorporated by reference in the present Policy.
11. Contact Us
In case of any queries or complaints you can reach out to us on infor@banqker.com or legal@banqker.com.