Jump to Content

Intellectual Property

Intellectual Property (IP) is the result of an individual's intellectual endeavours, most commonly in the forms of literary or artistic works, inventions, trade/commercial secrets or industrial designs. IP is capable of being protected (eg by copyright, patents, registered design) so that the owner retains exclusive rights to exploit the IP and generate income.

As a higher degree by research student, you will generally own the IP that you create. However in some cases, the University may wish to claim ownership of your IP and thus may request that you sign a Student Participation Agreement (which may also be called a Student Intellectual Property Agreement).

Use this guide as an introduction, and if relevant discuss the issue with your supervisor as soon as possible.

 

Student Participation Agreements

Under a Student Participation Agreement, you will be required to assign to the University any IP which you develop on your research project (excluding copyright in your thesis, which will remain yours). This means that the University, not you, will be the owner of the IP. However, you will be considered to be an inventor of the IP and will be entitled to a return from any commercialisation of the IP undertaken by the University on the same basis as a University staff member.

You will generally be required to sign a Student Participation Agreement prior to the commencement of your research if:

  1. You will be working in collaboration with a University researcher, a research team, or an outside body
  2. The University has obtained funding from an external organisation for the project on which you will be working and that organisation has requested ownership of the IP
  3. You will be using or building on any pre-existing IP that is owned by the University or
  4. You will be using the resources of the University beyond the level normally required for a candidate's studies, and will not be reimbursing the University for this.

Your supervisor will advise you if you will be required to sign a Student Participation Agreement and you should discuss the issue with your supervisor as soon as possible. As the agreement is a legally binding document, you are also advised to seek independent legal advice. If you do not wish to sign such an agreement, you are advised to negotiate a different research topic with your supervisor and/or Research Degrees Coordinator (RTF file).
 

Confidential information

While undertaking your research, you may become privy to confidential information of the University or confidential information provided by an external organisation (eg if the project is undertaken in collaboration with an industry partner). A Student Participation Agreement will normally also contain clauses requiring you to maintain confidentiality of such information. Otherwise, the University or the external organisation may require you to enter into a separate confidentiality agreement.

Regardless of whether a written agreement is entered into, you may still be bound by obligations of confidentiality if you obtain information which you are aware is confidential and may not be disclosed.

You may also develop confidential information during the course of your research. Where confidential information is developed as part of a project specifically run by the University or involving an external organisation, you should not reveal such information without first consulting your supervisor. Revealing such information may jeopardise chances of obtaining a patent or may be in breach of confidentiality obligations towards the University or external organisation.

If your thesis contains confidential information, you will still be entitled to submit your thesis for examination, however the University may require that public access to the thesis be restricted for a period of time (generally up to 2 years). If you wish to submit a publication which contains confidential information of the University or an external organisation, such publication will be subject to the University or organisation's approval.
 

More information on Intellectual Property

 

top^