Intellectual Property Rights
Patents, Copyright and Publications
The ownership of Intellectual Property Rights (IPR) created by employees in the course of their employment is governed by statute which provides for ownership by the employer unless there is agreement to the contrary.
Given this position, and in order that both the University and its employees may benefit from the exploitation of intellectual property rights, the University has evolved the following arrangements.
Commercialisation & Consultancy Services
The Commercialisation & Consultancy Services office (CCS) is responsible for protecting the University's IPR through the negotiation of research and other contracts involving external sponsors and, where appropriate, through the management of the patenting process. Any member of staff wishing to discuss the protection of IPR should consult the Director of Enterprise and Collaborative Projects
The exploitation of IPR resulting from research programmes is frequently a condition of receiving public funding and it is important that adequate provision is made for this at the outset. Again, the involvement of CCS from an early stage can facilitate this process.
Inventions and Patents
The ownership of the IPR in patentable inventions made by University employees and arising from research projects funded publicly or through private sponsorship, belongs in the first instance to the University. If, in the course of any work within their contract, members of staff make an invention which they have reason to believe may be commercially exploitable, they should report the same to CCS and consult with the University on whether and how steps shall be taken to protect and exploit the invention. This applies to every category of researcher using University facilities and receiving payment through the University.
If, as a result of such consultations, the University decides that it does not wish to participate in the development or exploitation of the invention, the benefit of it shall belong exclusively to the member(s) of staff. Otherwise, the University shall undertake responsibility for its further development and exploitation and the member(s) of staff shall, as directed by the University, do any one of the following:
- Collaborate with the University in the exploitation of the invention;
- Enter into appropriate agreements for protecting the secrecy of the invention unless and until it is patented;
- Collaborate with the University in applying for patent protection in the UK or elsewhere;
Whilst the patent rights accrue to the University, the employee inventor(s) will have a right to a "fair share of the benefit" which will be determined in accordance with paragraph on Sharing the Benefits of IPR Exploitation below.
Copyright and Publications
Copyright protection is applicable to a wide variety of works created by University employees in the course of their employment.
- The University agrees that copyright in any published works (books, research papers etc.) shall belong to the author(s) provided that there are no third party interests in the work arising, for example, through a research agreement or contract.
- Similarly, the University agrees that members of academic staff shall own the copyright in any course materials produced during their employment for the purpose of teaching. In return for this, the University receives an automatic licence to use such materials for the delivery of a module or course by the University or to be franchised for delivery under licence from the University. The automatic licence referred to above shall be world-wide, irrevocable and royalty-free.
- Copyright in any software, film or multimedia works generated by employees in the normal course of employment by the University will be owned by the University. Subject to any third party rights which may exist, the University grants an automatic licence to the author(s) to use and deal in such copyright material for the purpose of academic publication and, where appropriate, for use in applications of a non-commercial nature.
- Copyright in any designs, specifications or other works which may be necessary to protect rights in commercially exploitable intellectual property shall belong to the University.
It is the University's policy to share the benefits of the exploitation of copyright materials with the originator(s) as provided by the paragraph on Sharing the Benefits of IPR Exploitation below.
After deduction of necessary expenses incurred, the net benefits received by the University will be shared out as shown below:
| Net Receipts £,000 | Inventor | Department | Central Admin |
|---|---|---|---|
| Up to 25 | 70% | 10% | 20% |
| Next 65 | 60% | 20% | 20% |
| Over 90, until cumulative royalties reach 50% | 40% | 30% | 30% |
| Thereafter | 50% | 30% | 20% |
Version V060307
