IP ownership

As a creator of ip you are considered to be an inventor and have rights to be recognised as such.  IP rights are the way by which ip can be protected and give legal recognition to the ownership of ip - this is different from inventorship.  It is essential to have a clear understanding of who owns IP.

UK Statutes

An invention made by an employee shall be taken to belong to his employer if it was made in the course of normal duties of the employee or specifically assigned duties in circumstances where an invention might reasonably be expected to result.

Where a literary [includes computer programs], dramatic, musical or artistic work is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.

Where a design is created by an employee in the course of employment, his employer is the first owner of any design right in the design.

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University policy

Staff

University policy, set out in the Standing Orders of Council, adopts UK Statute.  Normally, therefore, the University is the first owner of intellectual property and intellectual property rights generated by its employees.

The University will not in normal circumstances seek to benefit from any rights it may have as employer in the academic publications of members of staff.

Students

Undergraduate students and postgraduate students on taught courses own the ip they create in addition to being the inventor.  Students who have created ip under a University project have the opportunity to ask RED to manage the ip on their behalf.  Typically this involves assigning the ip to the University, which then works closely with the inventors to commercialise the technology.  For further information, please refer to the University's IP policy for students.

Postgraduate research students, in accepting a place at the University, agree that all intellectual property rights arising out of their work shall belong to the University.

The University policy is set out in the Rules & Regulations for Students.

Breach of Regulations

If you think there has been a breach of regulations regarding IP ownership please contact the Research Commercialisation team who will investigate the exact circumstances and the severity of the breach.  Appropriate and timely action will be taken, if necessary involving the Director of Enterprise and the Registrar.

Agreement with organisations funding research

Research is funded from many different sources.  The contractual terms and conditions associated with the funding of a research project will determine the ownership of the intellectual property and intellectual property rights arising from the research.

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