Intellectual Property in Research Projects and Collaborations

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IP Policy
This policy is designed to provide guidance related to the management, ownership and
commercialisation of intellectual property rights (IPR) developed for and within the Queen’s University
Belfast. IPR may include patents, registered designs, copyright, design rights and know-how. Any
creative work, including outputs from research and development carried out within the university, can
lead to the creation of new intellectual property.
Ownership of Intellectual Property
As a general rule the University owns any IPR created by its employees while they are employed by
the University.
Ownership of IPR is often determined by a number of factors, such as the source of funding or
resources used on a project, the employment status of the inventors, and the terms of any third party
agreements. The ownership position for selected categories of staff and student is as follows:
1. Queen's employed
academics or researchers
in law, the University owns any IPR created in the course of the their
employment
2. Queen's employed
academic-related, technical
and other staff
the University owns any IPR created in relation to work carried out as
part of their assigned duties
3. Queen's postgraduate
funded research students
the University will own any IPR created in the course of the project and
the student will be asked to formally assign IPR in advance as a
condition of the funding
4. Queen's postgraduate
self-funded research
students
the student will own any IPR created in the course of their project
5. Queen's undergraduate
and postgraduate taught
students
the student will own any IPR created in the course of their studies
6. Collaborators and visiting
academics
where the University funds the individual it will own any IPR created by
them as part of their duties at Queen’s, however ownership rights may
vary depending on collaborative agreements with external parties
7. Contractors and
consultants
the University will own any IPR created in the course of the consultancy
project and, subject to any specific agreement to the contrary, the QUB
Procurement Standard Conditions of Contract policy will apply
While these categories represent a broad base of activity within the University other types of
ownership may arise on a case by case basis. In all instances staff should contact the Research &
Enterprise team who will help determine IP ownership, capture the IP appropriately and provide
expert advice.
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Optional assignments and variations on Intellectual Property ownership
In the case of those categories of student who would normally own the IPR that they create (as in
categories 4 and 5 above), the ownership may also be modified (with their agreement). For example
where the student has created the IPR as part of a team which includes University staff or where the
student wishes to avail of funding or expertise from the University to help exploit the IPR, the student
may be invited to optionally assign their IPR to the University for the purpose of commercialisation.
This is to avoid the legal fragmentation of the ownership. In these cases the student will then be
treated on the same basis as a member of staff.
Intellectual Property in Research Projects and Collaborations
Where the University is funded to carry out research by an external body or carries out collaborative
research with a company or another academic institution, specific terms related to the treatment and
management of IPR arising from that project will apply. It is important that all Queen’s staff make
themselves aware of the specific terms related to any individual project they may work on.
Management of Intellectual Property
Research and Enterprise should be advised of any new invention or discovery, via the Invention
Disclosure Form, as soon as it is created and before information is given to any third party. Disclosure
to others may not only limit the opportunity to protect the intellectual property but could result in the
inventors and the University being excluded from subsequent exploitation opportunities. Discussions
with third party partners should generally only take place after the exchange of a non-disclosure
agreement (NDA). Inventors should discuss the invention with the Research and Enterprise team
prior to submission of any paper for publication. Research and Enterprise will advise on the next steps
regarding exploitation and commercialisation and, if the University decides to proceed, will make all
the necessary arrangements. The University will typically meet the legal costs of applying for
intellectual property protection.
The University will endeavour to exploit the IPR for a commercial gain and will work with the inventors
and other bodies to try and achieve this. Research and Enterprise has an established process for
commercialisation and will involve the inventors as the exploitation plan progresses.
Revenue Distribution
Where IPR is successfully exploited, the University shall distribute any income received by it, less any
costs incurred in seeking IP protection and exploitation. The net income received shall be distributed
as follows:
●
●
●
50% to the inventor(s);
25% to the Faculty; and
25% to the University.
For further queries regarding the IP Policy or related to specific cases please contact Dermot Tierney
on 028 90 971348 or email ipmanagement@qub.ac.uk.
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