Proposed Ordinance XXXIX Ownership and Commercial
Exploitation of Intellectual Property
1.
For the purposes of this Ordinance, the definition of
intellectual property includes patentable research results, apparatus, designs,
copyright, computer software or other discoveries and inventions but excludes
books, artefacts, journal articles and theses.
2.
The arrangements for ownership and commercial exploitation
of any intellectual property developed by a member of University staff shall be
governed by provisions in the relevant Conditions of Service.
3.
The arrangements for ownership and commercial exploitation
of any intellectual property developed by research students of the University
in the course of their studies, or any other work undertaken at the request of the
University or using University facilities, shall be governed by the relevant
provisions of the Conditions of Service for Academic and Related Staff.
4.
Students following taught programmes of study will normally
retain ownership of intellectual property where they can demonstrate that that
they have developed it in the course of their studies or through use of
University facilities. For ownership to be assigned to the student, it must be
clear that the intellectual property derives from the student’s own work with
due regard being given to the contribution of members of staff, other students
and any external partners. In addition account may need to be given to the
following:
(i)
Where the student is sponsored by an outside body, any
conditions of the sponsorship relating to intellectual property developed in
the period of the sponsorship.
(ii)
Where the project is fully or partially externally funded,
any conditions of the contract with the University relating to intellectual
property developed in the course of the project.
5.
Ownership of intellectual property by taught students should
normally be determined by mutual agreement between the student and the relevant
Head of Department. However, where this is not possible, the student or Head of
Department may refer the matter to the Director of Business Partnerships,
Innovation and Knowledge Transfer for a decision. Should the matter remain in
dispute, the case shall be referred to an appeals committee comprised of three
lay members of the University Council or University Court, nominated by the
Director of Registry Services, who shall also appoint an independent member of
University staff to act as secretary. The committee shall determine its own
procedure but shall act at all times in accordance with the principles of
natural justice. The decision of the appeals committee shall be final.