Intellectual Property Policy

• Section 1: Introduction
• Section 2: Definitions
• Section 3: Procedures
• Section 3.1: Ownership
• Section 3.1.4: Staff
• Section 3.1.5: Students
• Section 3.1.6: Copyright
• Section 3.1.7: Third Party IP
• Section 3.1.8: Evaluation
• Section 3.2: Funding
• Section 3.2.8: Consultancy
• Section 3.3: Disclosure
• Section 3.3.5: Confidentiality
• Section 3.4: Conflicts of Interest
• Section 3.5: Commercial Exploitation
• Section 3.6: Revenue
• Section 3.7: Disputes & Appeals
• Appendices: Appendix 1

1 Introduction

1.1 The University of Exeter recognises the potential value resulting from the commercial exploitation of research and creative scholastic work. The University believes that where appropriate its research results should be disseminated for the wider benefit of society. However, using such knowledge and expertise as leverage to maximise future funding opportunities for research activity and commercial exploitation is now the norm within leading institutions. In many cases the most effective way to achieve this goal is through the commercialisation of research results in partnership with business. This can create further scholarly work, ongoing income streams and attract ambitious staff and students to Exeter. Hence, the protection and subsequent exploitation of potentially valuable IP is a fundamental tenet of the University’s strategic objective of sustainability.

1.2 This document provides details of the University’s policy for the ownership, development and exploitation of intellectual property (IP), and the sharing of resulting revenues with staff and students who generated IP.

1.3 The policy aims to encourage the identification of IP, to assist in developing commercial projects and pursuing suitable exploitation routes, and to provide financial incentives for innovative individuals and Schools.

1.4 This policy came into force on 1st August 2002 and applies to all IP created, exploitation activities initiated, and income received, by the University from that date.

1.5 From the 1st of August 2002 all IP produced by staff and students of the Peninsula Medical School (PMS), will be subject to PMS IP Policy.

2 Definitions

2.1 Intellectual property refers to creations of the mind: inventions, know-how, literary and artistic works, and symbols, names, designs and images used in commerce. Rights are protected by the use of patents, copyright, trademarks, design rights, and confidentiality agreements.

2.2 Definitions of terms can be found in this document and in Appendix 1. Appendix 1 must be read and understood, as it outlines the different types of IP relevant to this policy document. See Appendix 1.

3 IP Procedures at the University of Exeter

A number of individuals and groups in the University are involved in Intellectual Property Matters:

The Registrar oversees all University activities that generate and utilise IP. The Registrar’s approval (or from a nominee appointed by the Registrar) is required for all Contracts or Agreements relating to IP matters.

The University’s IP Policy is within the portfolio of a Deputy Vice-Chancellor responsible for the development of the Policy and its incorporation into the University infrastructure.

Heads of Schools are responsible for the activities of their Schools and the research groups and Centres therein. The Head of School must be notified if IP of commercial potential is generated within a School, or if negotiations are to occur with external bodies that will use or generate IP.

The Institutional Intellectual Property Working Group (“InIP”) is responsible for the day to day matters arising from the strategic planning, development and evaluation of potentially exploitable intellectual property. InIP makes formal recommendations to the EAC regarding the protection and exploitation of IP. InIP is chaired by the Head of Enterprise Development and comprises the Head of Research Development, the Innovation Manager and specific market specialists, advisors and project managers as required.

The‘External Affairs Committee’ (“EAC”) is responsible for supervising the strategy, development and evaluation of potentially exploitable intellectual property. The Committee considers formal recommendations from the InIP working group regarding the protection and exploitation of IP. The Deputy Vice Chancellor with responsibility for IP matters chairs the Committee, which comprises the Registrar, selected Heads of Schools, Director of Communication and Partnership, the Head of Enterprise Development , and, where appropriate, other business specialists.

Research & Knowledge Transfer (RKT) is the first point of contact for all matters relating to the University's research activities.

The Head of IP and Commercialisation, based in Research & Knowledge Transfer, is the principal contact point for IP matters.

Exeter Enterprises Limited is the wholly owned consultancy company of the University of Exeter.

3.1 Ownership

3.1.1 Staff and students must declare any IP that has commercial potential to the relevant Head of School and the Innovation Manager. This includes devices, materials, products or processes, computer code developed or invented during the course of, and arising from, employment, research or study at the University. An Innovation Disclosure form is available from RKT, the Innovation Manager, or can be downloaded here. View our  Documents section.

3.1.2 Other parties may actively contribute IP that will have to be recognised e.g. a collaborative research project with groups or individuals within or outside the University.

3.1.3 Once IP is generated it is important to identify those who have contributed to the generation of the IP, and if there is a wish to commercialise the IP, agree on a fair distribution of income between the inventors. The University requires that the inventors provide the Innovation Manager with an Originators Agreement reflecting their relative contributions and countersigned by their agreed nominee, otherwise the University will assume that all contributed equally to the IP. View our  Documents section.

3.1.4 Staff

3.1.4.1 Law states that inventions and other forms of IP generated by an employee belong to the employer if made in the course of the employee's normal duties. Otherwise, so long as significant University resources have not been used to develop the IP, ownership of IP is vested in the originator(s).

3.1.4.2 However, the University will not assert ownership over all IP and this document provides details on the types of IP and circumstances where ownership will be waived.

3.1.5 Students

3.1.5.1 Students have the right to own their IP unless they are employees of this institution, have sponsors who claim any IP that arises from their studentship, or the IP has resulted from research projects they have undertaken (see sections 3.1.6.3 and 3.2).

3.1.5.2 Unless a third party sponsor has laid claim to any resulting IP (see section 3.2), the University owns the IP generated by students during research projects or as a result of employment. When a sponsor makes no claim to IP, the EAC will make a fair determination of ownership and share of any revenues accrued, after consideration of the roles played by all parties in the development of the IP. For example, the University must consider contributions made by the student, supervisor, School, University, and any other parties who may have a legitimate claim.

3.1.6 Copyright

3.1.6.1 The University will waive ownership of copyright (unless a sponsor requires ownership), except for material

• used by the University for administrative purposes, promotion and marketing, student and staff recruitment, assessment and examination, handbooks, or any other institutional purpose;
• specified under contract or in writing;
• generated by prior agreement as part of a joint venture with the University; or
• produced to be delivered as flexible and distributed learning materials, e-learning materials, or computer code, that can be reasonably considered to have commercial potential.

3.1.6.2 In return for the University waiving ownership of copyright the owners will, unless a sponsor or publisher requires otherwise, grant to the institution a non-exclusive, irrevocable, worldwide, royalty-free license to use and adapt the material for teaching and operational purposes, with a right to sub-license.

3.1.6.3 If joint authorship is planned between students and/or staff of different institutions, all co-authors must declare their copyright obligations and secure written agreement from the co-authors that these rights will be honoured.

3.1.6.4 Students will automatically own the copyright to their theses unless the sponsor of their research requires ownership.

3.1.6.5 To warn others against infringing copyright, it is recommended that authors incorporate into the work the copyright symbol © followed by the owners name and the date.

3.1.6.6 Other parties may acquire interests in a work, e.g. exclusive rights to publish or copyright in the typographical arrangement, which do not affect an ownership of content but which may limit the author’s or owner’s rights to make copies of published material.

3.1.6.7 Copyright legislation is complex and subject to change: problems should be referred to the University Librarian.

3.1.7 Third Party IP

3.1.7.1 New staff or students, visiting academics and honorary fellows may come to the University with IP rights of commercial value generated outside the Institution. The University requires notification of these rights if the IP brought into the University is to be further developed using University resources (money, facilities, and expertise). View our  Documents section.

3.1.7.2 Other third parties (individuals and public and private sector organisations) may also bring IP to be developed using University resources. In such instances the full cost of development must be considered when negotiating contracts (see section 3.2).

3.1.7.3 If third party IP brought into the University is to be further developed using University resources, then if the University deems it necessary, the original owners must agree a suitable institutional stake in revenues or equity that may accrue.

3.1.7.4 Conversely, the same situation applies to IP created at the University of Exeter being developed at other institutions. It is important that the respective parties agree on IP ownership and exploitation before appointments are made.

3.1.8 Evaluation

3.1.8.1 The University cannot administer and protect every piece of IP generated by its staff and students. However it reserves the right to assess the potential value of the IP and decide if the institution wishes to retain ownership.

3.1.8.2 The University will only actively exploit IP that it can recognise as having commercial potential (see section 3.5). Several factors are involved when evaluating this matter – validity, protectability, market readiness, demand, competition, and likely costs vs. returns.

3.1.8.3 Internal and external expertise will be required during the evaluation process, to prepare the IP, in further research and development, for market research, and in technology transfer. When securing this expertise all parties must ensure that confidentiality is maintained (see section 3.3).

3.1.8.4 The commercial potential of the IP will be examined by InIP, and may require further input from the originators and their Head of School. Upon the recommendation of InIP the EAC will either decide that the University will actively develop and commercialise the IP, or will grant a transfer of exploitation rights to the originators. The EAC will formally notify the originators as to the University’s decision.

3.1.8.5 This process will not take more than 6 calendar months from receipt of the Innovation Disclosure form to notification. If the University fails to act within this timescale, then the originator is automatically granted exploitation rights.

3.1.8.6 For more information on the class of items of which the University may waive ownership or transfer exploitation rights, consult the Innovation Manager. Visit our contact details page.

3.2 Funding

3.2.1 The nature of the funding source that sponsored the activities resulting in the creation of IP has implications for its ownership. The exploitation of any IP generated by a project is normally subject to an agreement between the University and the sponsoring body. This can be broadly divided into the following categories, though different funding streams can contribute to the same project:

3.2.1.1 Grants for projects funded by Research Councils and other non-commercial bodies, which normally vest the resulting IP in the University.

3.2.1.2 Contracts for industry-funded projects, where ownership depends on the nature of the contract, and exploitation is limited to the field of application specified in the project. This often breaks down to

• The company owns the rights to the IP;
• The University and the company jointly own the rights;
• The University owns the IP, but is obliged to license or assign rights to the company for a fee and or royalties; or
• The University owns the IP and is free to pursue any exploitation route.

3.2.2 IP produced by University funded activities carried out by students or staff as part of their normal duties will belong to the University.

3.2.3 Work carried out by students, especially research projects, may also come within any of the above categories. Although the student is not normally an employee of the University, the supervisor will be, and it is important that the student should be a party to a contract which includes provision for the protection, publication and exploitation of the research results and the proper sharing of any profit.

3.2.4 External funding may not be cash: it can be ‘in kind’ (e.g. goods or services), and may still carry implications as to ownership of IP rights. For example, if significant University resources have been used without payment at standard rates, then the University has legitimate claim to a stake in any resulting IP.

3.2.5 Ownership of IP must be determined before contracts are signed. Prior to agreeing to any external funding contract, Research & Knowledge Transfer (RKT) must be consulted. Likewise, RKT and the Innovation Manager must be notified prior to any commercial exploitation discussions with funding bodies or interested parties.

3.2.6 Whilst negotiating with external sponsors it is important to remember that the University is a charitable institution and must realise the value of its assets. Thus the full costs (including overheads) of any work must be considered. If work is to be done at less than full cost it must be with the permission of the relevant Head of School and RKT.

3.2.7 Whether or not work is externally funded, IP must be handled responsibly and not passed over to other parties without express written permission of the owners. Collaborative projects are a good example of areas where all parties must understand and agree to the ownership of IP going into the project and arising from it. Therefore all discussions and negotiations relating to agreements and projects must involve RKT . Furthermore, all contractual documents relating to Institutional intellectual property must be approved by RKT. Visit our contact details page.

3.2.8 Consultancy

3.2.8.1 Consultancies must be undertaken through the University’s consultancy company, Exeter Enterprises Ltd. Consultancies that are done independently of Exeter Enterprises Ltd will not be covered by the University’s insurance policy, nor will they be entitled to use the University’s facilities and services, or materials incorporating the University’s emblem, address, or domain name. Visit our contact details page.

3.2.8.2 If a consultancy is to be undertaken independently of Exeter Enterprises, the consultant must seek permission from the relevant Head of School for, and pay full costs for, any University facilities, services and staff involved in the contract. The consultant must also secure from the contractor written recognition that it is a private consultancy and that the University cannot be held liable.

3.2.8.3 Work undertaken as part of a consultancy may not be owned by the Institution. It is important when negotiating consultancy contracts to ascertain if the consultant is contractually obliged to contribute or generate IP, and if the contractor claims ownership to the IP.

3.2.8.4 Consultants required by sponsors to generate IP must notify Exeter Enterprises Ltd and the Innovation Manager.

3.2.8.5 Consultants must declare any conflicts of interest before undertaking consultancies with third parties (see section 3.4).

3.3 Disclosure

3.3.1 Patents are invalid if the results that form the content of the patent are disclosed prior to the patent being filed. Disclosure normally occurs verbally during a public discussion or presentation, or in writing as part of a publication or non-confidential correspondence.

3.3.2 Email is not a secure and confidential means of communication. It is unwise to communicate the essence of any IP by insecure means. Emails carry a high risk of disclosure, of which there will be a record. If details of IP are to be transferred by email, the intended recipients should be correctly identified, notified as to the nature and implications of the correspondence, and if possible, encryption should be used. . It is recommended that the following statement is added to the bottom of all emails as a statement of confidentiality:

“This email and any attachment may contain information that is confidential, privileged, or subject to copyright, and which may be exempt from disclosure under applicable legislation. It is intended for the addressee only. If you received this message in error, please let me know and delete the email and any attachments immediately. The University will not accept responsibility for the accuracy/completeness of this email and its attachments. The University cannot guarantee that this message and any attachments are virus free. Any views or opinions expressed in this message are my own and do not necessarily represent those of the University.”

3.3.3 Confidential discussions or written records are an exception. Hence before publication or verbal presentation, staff or students should ensure confidentiality through non-disclosure agreements, or by filing patents or by obtaining other forms of IP protection.

3.3.4 Some sponsors may require absolute secrecy, and their permission must be sought prior to any disclosure.

3.3.5 Confidentiality and Non-Disclosure Agreements

3.3.5.1 To ensure confidentiality, parties intending to generate or exploit commercial IP should enter into Non-Disclosure Agreements (“NDAs”). NDAs can be two-way (mutually binding both parties to confidentiality terms) or one-way (designed to protect the disclosing party’s confidential information only) and is important to select the appropriate version. Within reason, these Contracts bind the parties to whom the information is being disclosed to keep it secret. Companies or other external collaborators may submit their own NDAs, which must be approved and signed by RKT. Guidance on NDAs can be found at the link below. View our  Documents section.

3.3.5.2 It is important to note that non-disclosure clauses can be found in other legal agreements and contracts. Those participating must understand the implications and seek the approval of RKT.

3.3.5.3 NDAs require a signature on behalf of the University and the other parties (two or more copies, one for each party). Only the Registrar and appointed RKT nominees are allowed to sign on behalf of the University. Students and staff should consult RKT to ensure that all parties signing the document have the authority to do so and that their full legal names and addresses are recorded accurately. NDAs should ordinarily be instigated a minimum of two working days before any meeting, discussion or other exchange to be covered by them.

3.3.5.4 Students and staff must keep a copy of the NDA, understand their obligations and keep details of the information being disclosed by all parties on an ongoing basis.

3.3.5.5 NDAs last for a specified term (typically 5 years), and students and staff shall keep material confidential in accordance with the terms of the agreement even after the termination of an employment contract or period of study. Those in receipt of confidential information and any material shall ensure that it is suitably protected, e.g. by lock or by password, and that if colleagues are to be party to the information and/or material, they agree to abide by the terms of the NDA. If required to do so, recipients must be prepared to surrender or destroy all information and/or material relevant to the NDA.

3.4 Conflicts of Interest

3.4.1 External parties approaching the University offering or seeking services can cause a Conflict of Interest when

• individuals or groups within the University have a vested interest in any IP,
• individuals or groups within the University have a vested interest (e.g. a shareholding or consultancy contract) in the external party or its competitor,
• activities of the external party conflict with the University ethics policy, or
• a sponsor wishes to suppress or tamper with research results

3.4.2 Staff and students must declare conflicts of interest to their Head of School, and RKT, or if a consultancy, to Exeter Enterprises Ltd. View our  Documents section.

3.5 Commercial Exploitation

3.5.1 If the University wishes to exploit the IP, it will then secure the most appropriate means of IP protection. Depending on the exploitation route, the cost of, say, patent protection will either be borne by the University or by an exploitation partner.

3.5.2 The University recognises the need for publication, and if the IP is to be commercially exploited by the institution, will strive to ensure that suitable protection is secured to enable publication. However, whilst suitable protection is being obtained, the inventors would be well advised to refrain from disclosing the nature of the IP. Normally this process will take no more than 6 calendar months.

3.5.3 The originators(s) of the IP may be called to assist in the protection and exploitation of institutional IP, and are obliged to do so at the University’s expense. This obligation continues after the employment and/or registered studies have been terminated.

3.5.4 If the University does decide to exploit the IP commercially, it will ascertain the most appropriate exploitation route. This can be by a number of means, principally:

3.5.4.1 Out Licensing - the University will license the IP for a fixed term to an external party for, usually, an upfront fee and a percentage of sales. There are three types of License agreement which may be restricted to fields of use or geographical territories:

• An Exclusive License grants the licensee alone the right to exploit the IP, no others, not even the University can use the IP.
• A Sole License grants the licensee alone the right to exploit the IP, however, the University can make use of the IP for educational and research purposes.
• A Non-exclusive License allows exploitation rights to be granted to more than one licensee.

3.5.4.2 Joint Ventures - the University and an external party jointly commercialise the IP for mutual gain.

3.5.4.3 Spin-Out Company Formations - a new company is created to commercially exploit the IP. The University will generally take a shareholding which will depend on the nature of the spin out company:

• In the case of a wholly owned company the University will initially own all the shares.
• Spin-outs created through joint ventures will usually have equity divided between the partners reflecting their relative contributions to the commercialisation of the IP.
• Companies spun-out of the University by staff or students may have an institutional shareholding. The shareholding shall be negotiated by the InIP working group and approved by the External Affairs Committee. The founders will be entitled to a shareholding, though if shareholders they are not entitled to a share in the returns to the University (see 3.6.9). The University reserves the right, if deemed appropriate, to appoint a director or observer to the board of spin-out companies.

3.5.5 The University may also be prepared to invest financially or by the provision of services in exchange for equity.

3.5.6 The University rewards those who generate institutional IP by sharing any resulting revenues (after deduction of exploitation costs) between the originators of the IP, their Schools, and the University (see section 3.6).

3.5.7 Irrespective of the exploitation route, in the first instance the transfer of exploitation rights will be by a License.

3.5.8 In the case of the originator being granted exploitation rights, a royalty free Sole License will grant the originator (or in exceptional cases a University employee, or student nominated by them) the right to commercialise the IP. The License will be for a fixed period of time (which can be extended), and will be subject to conditions, in particular that:

• the University can continue to use the IP for educational and research purposes,
• the licensee must protect the IP including payment of associated fees, and
• indemnify the University against liability

3.5.9 Any further developments to the IP made by the University, belong to the Institution, but the Licensee has first rights to license the new developments, on commercial terms.

3.5.10 The licensee will wholly own any further developments made by the licensee. If they are still within the University, developments must not be made during the course of their employment or research projects, and not draw upon significant University resources without payment, otherwise they will be considered the property of the University.

3.5.11 If the licensee wishes to wholly own the IP exploitation rights, he or she can request Assignment of the IP rights. The licensee must complete the transfer of exploitation rights documentation, and submit them to the Innovation Manager. The request will be considered by the EAC via InIP, and will normally not take longer than 3 months. Documents can be obtained from RKT and the Innovation Manager, or are available online. Visit our contact details page. View our  Documents section.

3.6 Revenue

3.6.1 The first £2,000 of income accrued by the University from the commercial exploitation of its IP will go to the originator(s).

3.6.2 Income above £2,000 will be retained until the University recovers its costs incurred during the protection and exploitation of the IP. For clarification, reasonable deductions from revenues would arise from activities associated with the project such as professional administration and legal fees, costs from any patents or other forms of IP protection, commission paid to technology transfer organisations employed, etc.

3.6.3 After deduction of costs, the net income received by the University will be divided between the University, the originator(s), and their School(s) in accordance with the guidelines displayed below.

Cumulative Net Income	£2,000 - £50,000	£50,000 - £200,000	£200,000 - £500,000	Over £500,000 (uncapped)
Inventor(s)	75%	60%	45%	30%
University	12.5%	20%	30%	40%
School(s)	12.5%	20%	25%	30%

3.6.4 The income is treated cumulatively and allocations made accordingly, so if only small financial returns are made in the early stages, the inventor(s) receive maximum benefit. A feature of this benefit is that it is uncapped over £500,000 net income.

3.6.5 If revenues are still being accrued from exploitation of the IP, inventors will receive income after leaving the University, and in the event of death, it will go to their estates.

3.6.6 As the Inland Revenue treats royalties paid to staff as a salary bonus, the employer is subject to National Insurance contributions. The University and School will bear equally the deduction from their stake of the royalties. If an inventor is not a paid member of staff, or assigns to the University IP not produced during their term of employment at this institution, then these conditions do not apply.

3.6.7 As mentioned previously if more than one person creates IP, before exploitation proceeds, they are obliged to agree on their contributions to the development of the IP, and the way their share of the reward is to be divided. If no such agreement exists then it will be assumed that an equal role was played and each inventor will receive an equal share.

3.6.8 It is the responsibility of the originators of IP being exploited by the University to keep the institution informed of their status and whereabouts. Whilst revenues are still being accrued, the University will not set aside revenues for more than a year for individuals who have changed bank accounts and lost contact with the institution.

3.6.9 University staff that spin companies out of the University or form joint ventures to commercialise IP can become directors and hold shares. Their returns will be entirely limited to their shareholding, directors emoluments and, if appropriate, consultancy fees, and not from any University shareholding through the above revenue sharing policy.

3.6.10 The University cannot hold equity on behalf of individuals. Staff and students are allowed to take equity in commercial ventures, but must make their own arrangements concerning revenues from dividends or sale.

3.7 Disputes and Appeals

3.7.1 In the first instance IP disputes will be dealt with by the EAC. If the matter remains unresolved it will be subject to independent and binding external arbitration.

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Appendix 1

Intellectual Property

The World Intellectual Property Organisation defines IP as referring to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. A detailed overview of the different types of IP is provided below.

More information can be found at:

The UK Patent Office
www.patent.gov.uk

The European Patent Office
www.european-patent-office.org

The United States Patent and Trademark Office
www.uspto.gov

The World Intellectual Property Organisation
www.wipo.org

The two most relevant pieces of UK legislation are the Patents Act 1977 and the Copyright, Designs and Patents Act 1988. IP can be divided into four main categories: Patents, Copyright, Trademarks, and Design Rights. The description of these four categories (sections 1 – 4) has been provided by the UK Patent Office, and is subject to crown copyright.

1. Patents

What is a Patent?

A patent for an invention is granted by government to the inventor, giving the inventor the right for a limited period to stop others from making, using or selling the invention without the permission of the inventor. When a patent is granted, the invention becomes the property of the inventor, which - like any other form of property or business asset - can be bought, sold, rented or hired. Patents are territorial rights; UK Patent will only give the holder rights within the United Kingdom and rights to stop others from importing the patented products into the United Kingdom.

What kinds of things do patents cover?

Patents are generally intended to cover products or processes that possess or contain new functional or technical aspects; patents are therefore concerned with, for example, how things work, what they do, how they do it, what they are made of or how they are made.

The vast majority of patents are for incremental improvements in known technology; it has been said that innovation is evolution rather than revolution.

Are there any special conditions that an invention must fulfil?

To be patentable an invention must:

• Be new

The invention must never have been made public in any way, anywhere in the world, before the date on which an application for a patent is filed.

• Involve an inventive step

An invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone with a good knowledge and experience of the subject.

• Be capable of industrial application

An invention must be capable of being made or used in some kind of industry. This means that the invention must take the practical form of an apparatus or device, a product such as some new material or substance or an industrial process or method of operation.

"Industry" is meant in its broadest sense as anything distinct from purely intellectual or aesthetic activity. It does not necessarily imply the use of a machine or the manufacture of an article. Agriculture is included.

Articles or processes alleged to operate in a manner clearly contrary to well-established physical laws, such as perpetual motion machines, are regarded as not having industrial application.

• Not be "excluded"

An invention is not patentable if it is:

• a discovery;
• a scientific theory or mathematical method;
• an aesthetic creation such as a literary, dramatic or artistic work;
• a scheme or method for performing a mental act, playing a game or doing business;
• the presentation of information, or a computer program.

If the invention involves more than these abstract aspects so that it has physical features (such as a special apparatus to play a new game) then it may be patentable.

In addition, it is not possible to get a patent for an invention if it is a new animal or plant variety; a method of treatment of the human or animal body by surgery or therapy; or a method of diagnosis.

2. Copyright

What is Copyright?

There is no official register for copyright. It is an unregistered right (unlike patents, registered designs or trade marks). So, there is no official action to take, (no application to make, forms to fill in or fees to pay). Copyright comes into effect immediately, as soon as something that can be protected is created and "fixed" in some way, eg on paper, on film, via sound recording, as an electronic record on the internet, etc.

It is a good idea to mark copyright work with the copyright symbol © followed by the owners name and the date, to warn others against copying it, but it is not legally necessary in the UK.

The type of works that copyright protects are:

• original literary works, e.g. novels, instruction manuals, computer programs, lyrics for songs, articles in newspapers, some types of databases, but not names or titles (see Trademarks, section 2.3);
• original dramatic works, including works of dance or mime;
• original musical works;
• original artistic works, e.g. paintings, engravings, photographs, sculptures, collages, works of architecture, technical drawings, diagrams, maps, logos;
• published editions of works, i.e. the typographical arrangement of a publication;
• sound recordings, which may be recordings on any medium, e.g. tape or compact disc, and may be recordings of other copyright works, e.g. musical or literary;
• films, including videos; and
• broadcasts and cable programmes.

So the above works are protected by copyright, regardless of the medium in which they exist and this includes the internet. Note that copyright does not protect ideas - it protects the way the idea is expressed in a piece of work, but it does not protect the idea itself.

3. Trademarks

What is a Trade Mark?

A trade mark is any sign which can distinguish the goods and services of one trader from those of another. A sign includes, for example, words, logos, pictures, or a combination of these.

A trade mark is used as a marketing tool so that customers can recognise the product of a particular trader.

To be registerable a trade mark must be:

• distinctive for the goods/services for which registration is sought, and
• not deceptive, or contrary to law or morality, and
• not identical or similar to any earlier marks for the same or similar goods/services.

4. Designs

What is a Design?

A registered design is a monopoly right for the outward appearance of an article or a set of articles of manufacture. It can last for a maximum of 25 years and is a property that, like any other business commodity, may be bought, sold, hired or licensed. A registered design is additional to any design right or copyright protection that may exist automatically in the design.

5. Other Types of IP

There are several other types of IP, particularly relevant to academic institutions:

5.1. Know-How

"Know How" can be defined as the experience and confidential information of the owner which very often accompanies other rights such as a patent to enable the patent to be commercially exploited. In contrast to other rights, it can only be protected through contract law by, for example, obtaining promises from a licensee not to disclose the "know how".

5.2. Plant Varieties

These are propriety rights, which can be obtained by people who breed or discover a new plant variety. These rights are a little like patents in that they can be used to prevent third parties from commercially offering propagating material without a licence. However, the rights cover the particular variety which has been registered and do not cover any derived variety. Anyone may freely use the variety to try to create new derived varieties. The creator need not (unlike a patent) describe how the new variety was obtained, and although a deposit of a sample of the propagating material is necessary, this is not made publicly available.

5.3. Confidentiality, Secrecy and Non-Disclosure

The right of confidentiality confers a right on the person who has imparted confidential information, or allowed the acquisition of such information, to stop others from using or disclosing that information.

Confidentiality arises where the information is of a confidential nature (in particular this means where it is not generally known) and the information was conveyed in circumstances such that any reasonable person who was the recipient of the information would realise that it was conveyed in confidence.

The person who has a right to protect a confidence is the person who has originated the material comprising the confidence or the person who has imparted that material in confidence.

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Documents

Intellectual Property Policy (PDF format)
Innovation Disclosure Form (PDF format)
Originators Agreement (PDF format)
Transitional IP Notification Form (PDF format)
Conflict of Interest Notification Form (PDF format)
Application for Transfer of Exploitation Rights (PDF format)
Confidentiality Statement (PDF format)

Last updated: 9 November 2005
By Lloyd Brina, Robin Jackson, & Paul Tiltman
IPR Assistant, Innovation Manager & Head of Enterprise Development