Intellectual Property Rights Policy

Purpose

It is the University Council’s desire to encourage and reward innovative research work within the University which leads to the creation of Intellectual Property. To encourage such research, the Council believes that the University should share the financial benefits obtained from commercial exploitation of Intellectual Property owned by the University among the staff members involved in its creation, the relevant University Department and the University itself.

The purpose of this Policy is to underpin these principles.

Definitions

For the purpose of this policy, “Intellectual Property” means and includes:

(a) inventions patented or patentable under the Patents Act 1953;

(b) designs registered or registrable under the Designs Act 1953;

(c) plant varieties registered or registrable under the Plant Variety Rights Act 1987;

(d) trade marks registered or registrable under the Trade Marks Act 1953 and trade marks or names protected at common law or under the Fair Trading Act 1986;

(e) layout designs for integrated circuits protected under the Layout Designs Act 1994;

(f) copyright protected under the Copyright Act 1994 in original literary works (including computer programs), dramatic works, musical works, artistic works, sound recordings, films, broadcasts, cable programmes and typographical arrangements of published editions.

Policy Content

1. Preamble

To facilitate the creation and protection of commercially valuable Intellectual Property, a staff member should immediately advise the Director, Research and Enterprise when research activity generates results that are novel and have potential commercial applicability. The Director, Research and Enterprise will make the final decision on commercial applicability, and, where appropriate, will initiate formal procedures to protect Intellectual Property. Any costs involved will be paid by the University but may be recovered subsequently pursuant to section 5 below.

In order to safeguard any Intellectual Property created within the University, it is important that staff members do not disclose the results of research activity with potential commercial applicability to anybody outside the University until the Director, Research and Enterprise has made a final decision on commercial applicability and protection of Intellectual Property. This decision shall be made expeditiously, so that publication of the staff members’ work is not unreasonably delayed.

2. General principle

Except as otherwise agreed in writing, and subject to section 3 below, the University claims ownership of Intellectual Property produced by University staff in the course of their employment with the University.

3. Copyright

The University does not claim copyright in work or material produced by University staff in furtherance of their general employment obligations to teach and to undertake scholarly research, and agrees that copyright in such work or material is owned by the University staff members who produce it.

4. Copyright licence and restriction on use of copyright in teaching materials

Where University staff, in the course of their employment, produce teaching materials or resources for distribution or display to students:

(a) the copyright owner shall not, while employed by the University, assign or license the copyright in such materials or resources to any other institution providing educational services without the consent of the University; and

(b) the University is entitled to a non-exclusive, non-assignable, royalty-free, irrevocable and perpetual licence from the copyright owner to reproduce the materials or resources for use within the University for teaching and research purposes; and

(c) the University is entitled to a non-exclusive, irrevocable and perpetual licence from the copyright owner to incorporate the materials or resources into computer software (“Courseware”). Intellectual Property in Courseware is owned by the University and may be sold or licensed to any other institution providing educational services. The distribution of income from the sale or licensing of Courseware shall be pursuant to section 5 below.

5. Distribution of income from intellectual property

Any royalties or other remuneration received by the University as a consequence of licensing, selling, or otherwise dealing with Intellectual Property which the University claims ownership of pursuant to sections 2 and 4 (c) above, shall be distributed as follows.

(a) As a first charge the University shall recover all direct expenses incurred in the protection and/or commercialization of the Intellectual Property.

(b) As a second charge the relevant cost centre of the University shall recover time-based fees related to the protection and/or commercialization of the Intellectual Property. The hourly rate for these fees shall be no greater than the hourly rate charged in the Service Level Agreement then current between the Director, Research and Enterprise and University Departments.

(c) The balance of the royalties or other remuneration shall then be divided as follows:

(i) one third to the University staff member(s) who produced the Intellectual Property, subject to section 6 below;
(ii) one third to the University Department where the Intellectual Property was produced;
(iii) one third to the University.

(d) The University Department referred to in section 5 (c) (ii) shall reserve one half of the funds it receives to support further research projects within the University of the staff members referred to in section 5 (c) (i). These funds shall be available for two years, and if not used by that time will become general funds of the University Department.

6. Cessation of employment

(a) Subject to section 6 (b), when a University staff member who is entitled to payments pursuant to section 5 (c) (i) leaves the University, retires, or dies while employed by the University, the payments will continue for a period of five years from the date of the departure, retirement, or death. Payments will continue to the end of this five year period even if the University staff member who has left or retired dies before the period ends.

(b) The termination of payments after five years will not apply to payments arising from licences granted to the University by staff members pursuant to section 4 (c).

(c) If anyone entitled to payments pursuant to this section acts to hinder the University in the exercise of its Intellectual Property rights, the University may cease the payments.

7. External Research Contracts

(a) The University may enter into contracts to provide research resources to external clients, including those in the commercial sector. Ownership of Intellectual Property generated by such research, and distribution of income from that Intellectual Property will be governed by the terms of the contracts, and sections 2, 5, and 6 above will not apply.

(b) University staff members engaged in such contract research must comply with all contract terms and conditions, including any confidentiality requirements and publication constraints.

Related Policies, Procedures and Forms

• Code of Conduct for Responsible Practice in Research
• Intellectual Property Rights of Graduate Research Students Policy

• Copyright Act 1994
• Designs Act 1953
• Fair Trading Act 1986
• Layout Designs Act 1994
• Patents Act 1953
• Plant Variety Rights Act 1987
• Trade Marks Act 1953