an overview of intellectual property and the doctoral student

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    Intellectual Property a brief introduction

    1

    st

    November 2012

    Andrew Wilson

    Technology Transfer Project Manager

    Research, Business and Innovation

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    Importance

    Definitions

    Who owns your research?

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    1st Survey on IP education in HE NUS/IPAN

    Most students believe that the way they are taught about intellectual

    property (IP) does not equip them for their future careers.

    Universities and colleges focus too much on the negative aspects of

    plagiarism and not enough on the benefits of IP rights, such as

    patents and registered designs.

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    Gowers review of IP

    For many citizens, Intellectual Property (IP) is an obscure and distant

    domain its laws shrouded in jargon and technical mystery, itapplications relevant only to a specialist audience. And yet IP iseverywhere. Even a simple coffee jar relies on a range on IP rights from patents to copyright, designs to trade marks.

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    Importance of IP

    Ideas are expensive to produce and cheap to copy (blockbuster films

    100M, blockbuster drugs B)

    Product development, marketing and sales is an expensive and time

    consuming process up to 13 years to get drug to market

    Intellectual Property Right framework is in place to encourage innovation in

    all fields of arts and science (and investment in R&D by companies) and to

    make innovations publicly available to that others can build up them.

    Patent nuclear wars in tablet and smart phone space

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    Hargreaves Review 2011

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    External environment why IP important to UWE

    Apart from building and land IP is usually a universities most valuable asset

    Funders want bang for their bucks (eg Charities, companies, government,

    Research Councils, Hefce)

    They always have done but increasingly they want this demonstrated by

    Universities IMPACT agenda

    Charities, companies, government, Research Councils, Hefce

    Theyre investing in research for a reason - better treatments, quality of life,

    and UK Plc

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    Intellectual Property - an overview

    Intellectual coming from the human mind

    Property a tradable commodity like a car or a house IPRs can besold (assigned), rented (licensed)

    Intellectual Property is the term used to describe the outputs of creativeendeavour in literary, artistic, industrial, scientific and engineering fieldswhich can be protected under legislation.

    Intellectual Property Rights give legal recognition to the ownership ofintellectual property.

    IP = research outputs

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    Intellectual Property Rights an overviewType of IP What it protects TermPatents How things work. New ideas capable of being

    made or used and involving a non-obvious

    inventive step.20

    Know how /confidentialinformation

    Secret information, formulae, ideas, results and

    expertise. Indefinite(unlessdisclosed).

    NDAs often

    have termsCopyright Written work, films, videos, typographical

    arrangements, including computer software, music,

    art, drawing and data.70 years from

    death of

    creator, usually

    Design rights(registered andunregistered)

    How things look. Form and appearance of objects

    (including semiconductor topographies). 15/25

    Trade marks(registered orunregistered)

    Distinguishing symbols. Product brand names,

    company logos etc. Indefinite

    Plant breedersrights

    New plant varieties. 25-30Database rights Databases and collections of information. 15

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    What has IP got to do with me?

    You all create IP during the course of your research, eg ideas, documents,

    drawings, papers etc

    The outputs of your research will be beneficial in someway. Giving

    consideration to IP dissemination / exploitation may help maximise this.

    IPRs Protect the output of your research, enables you to control use by

    others and may enable you exploit them and to subsequently benefit

    financially

    You shouldnt use other IP without permission / licence

    It is likely to be important to future employers so its useful to be able to

    demonstrate an understanding

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    UWEs IP Policy

    http://rbi.uwe.ac.uk/Internet/contracts/default.asp

    http://rbi.uwe.ac.uk/Internet/contracts/default.asphttp://rbi.uwe.ac.uk/Internet/contracts/default.asp
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    Student IPR

    Undergraduate and students on taught courses generally student owned

    (unless otherwise agreed eg 3rd party funding or use of UWE background

    IPR)

    Postgraduate UWE claims ownership of IPR

    Publication requires permission from UWE (except theses)

    Confirmation in writing to be bound by IP Policy and Regulations good

    idea to read

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    Student IPR

    May be asked to sign Assignment of IPR agreement

    If IP of future value or required due to 3rd party terms

    If so this agreement will be explained in detail before you are asked to sign

    Treated as member of staff for revenue sharing

    Professional support for commercialisation

    Marketing

    Patent/legal costs

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    Revenue sharing from exploitation of UWE IP

    NetRevenue

    Inventors

    shareFacultyshare

    Universityshare

    Any sum 50% 25% 25%

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    Further information

    UK Intellectual Property Office (general IP informationand searching) - www.ipo.gov.uk

    www.own-it.org Own-it practical advice, creative focus

    Supervisor

    Faculty Research Office

    RBI

    http://www.ipo.gov.uk/http://www.own-it.org/http://www.own-it.org/http://www.own-it.org/http://www.own-it.org/http://www.ipo.gov.uk/