Newcastle University approved for further consultation at URC on 31.10.11
Explanatory notes relating to Confidential Information, Intellectual property and Publication
agreement for Visiting 1Researchers not directly contributing to any externally funded project
activity.
The purpose of this note is to explain terms on which the University wishes to provide you with access
to certain University facilities and to permit you to participate in research whilst visiting Newcastle
University. The principle behind the University’s engagement with visiting researchers is that they are
treated on a comparable basis to the way we would expect our staff to be dealt with when visiting third
party research facilities. The University is keen to be as open as possible in engagement with Visiting
Researchers but the reality of the research funding environment is that it is important to recognise the
rights of third parties, students, Newcastle University, the Visiting Researcher and the Visiting
Researcher's employer.
The University understands that Visiting Researchers will commonly continue to work on long-standing
projects that are unconnected to Newcastle University during their stay. It is not our intention to make
any claim over such projects when there is no Newcastle input. However, individuals who have a
visiting association with the University but who are not employees will often also become involved in
research activities with Newcastle University staff and students. In other words, we presume that in
coming to Newcastle University you will interact with your collaborators at Newcastle, make use of our
facilities and participate in or work alongside existing research projects. Many of these projects contain
obligations to third parties or research students that must be honoured. In order to allow full
engagement by visiting researchers with Newcastle University research, it is thus necessary to ensure
that visiting staff are fully aware of confidentiality and intellectual property ownership requirements.
You are therefore required to sign an agreement with the University relating to intellectual property
rights and confidentiality.
In the event that you generate any intellectual property connected to your collaboration at Newcastle
and which has commercial application you should declare this to Research and Enterprise Services at
the University. The University will, in good faith, agree with you, or where appropriate your employer,
how such intellectual property will be protected and developed. The ownership of this new intellectual
property will be joint between you (or your employer as appropriate) and Newcastle University with the
exact proportion of ownership decided by negotiation based on the degree of contribution made by the
various researchers and organizations involved.
Intellectual property means the results of all research activity including any and all inventions, results,
data, technology biological or other materials, know-how, designs, copyright works and other
developments, and all patents, design rights, copyright, trademarks and other intellectual property in
respect thereof in any country of the world, and all applications and the right to apply for any of the
foregoing, which in each case are developed in the course of the Projects.
Any publication by you or your collaborators at Newcastle University should be made in line with
academic practice giving due credit for authorship to yourself and other researchers. In the event that
you wish to publish as lead author any of your work undertaken at Newcastle you will consult your
collaborators at Newcastle in advance of publication, and only proceed with their agreement and your
collaborators at Newcastle University will act in a similar way towards you.
If you wish to become involved in undertaking research in a Newcastle University externally funded
project or in existing activities which are expected to generate intellectual property with commercial
value there is an additional agreement which you will be required to sign in advance of becoming
engaged in such activities - this agreement is attached as Appendix 1. It should be noted that external
1
A Visiting Researcher is a visitor who is engaging in research and/or research-related activities during their visit
research funders place a duty on the University to maximize the benefits of intellectual property arising
from the work that they fund. This means that the University will be required to own intellectual property
arising from research funded by external funders. However, the University maintains a generous
scheme for rewarding individual researchers who generate intellectual property of proven value and
this will also apply to yourself as an approved visitor. This may mean that you (or your employer as
appropriate) would be eligible for financial reward from the arising intellectual property in the same
manner as a Newcastle University employee and would be involved in the commercial discussions.
URC 31.10.11
Newcastle University
Confidential Information, Intellectual property and Publication agreement for Visiting
Researchers
Full Name:
Home Organisation:
Newcastle University Collaborating Researcher:
Newcastle University Academic Unit:
This Agreement is made in consideration of:
My use of facilities and access to research results of other researchers at Newcastle
University.
In exchange for the considerations above, I agree;
To disclose promptly all rights to intellectual property rights that I create, or contribute to,
arising from work associated with my visiting appointment to Newcastle University. I
understand that such intellectual property rights will be jointly owned by myself (or my
employee as appropriate) and Newcastle University with the exact proportion of ownership
decided by subsequent negotiation based on the degree of contribution made by the various
researchers and organizations involved. I agree that I will act, and understand that Newcastle
University will act, in good faith to discuss the protection and best use of such results.
Not to disclose to Newcastle University staff or students any proprietary information of any third
party or my current employer.
To maintain as confidential all information I receive from Newcastle University staff or students
unless such information is already in the public domain or I can demonstrate was known to me
prior to disclosure at Newcastle University or has been clearly stated as being information
which I may disclose.
In the event that I wish to publish the results of work undertaken at Newcastle University or with
Newcastle staff or students, I will discuss and agree such publications with my collaborators at
Newcastle University in line with academic practice.
In the event that I wish to become involved during my time at Newcastle University in any
externally funded research projects or in research activities which are expected to produce
intellectual property rights of commercial potential, I understand that I will be expected to sign
an undertaking, or ask my employer to sign an undertaking, as attached as appendix 1. I
hereby undertake to do everything necessary to give effect to such undertaking.
Agreement by visiting researcher
Signed............................................................Date..........................................................
Visiting Researcher Name........................................
Signed............................................................Date..........................................................
For Newcastle University
Appendix 1
Newcastle University
Confidential Information, Intellectual property and Publication agreement for Visiting
Researchers involved in externally funded research projects or in projects which are expected
to produce research results with commercial potential.
This agreement should be signed by the Visiting Researcher where the researcher owns any
intellectual property rights in results they generate.
Alternatively, where the Visiting
Researcher's research results are owned by his/her full time employer this agreement should
be signed by the Visiting Researcher's employer.
Full Name:
Home Organisation:
Newcastle University Collaborating Researcher:
Newcastle University Academic Unit:
This Agreement is made in consideration of:
The Visiting Researcher undertaking research at Newcastle University
The use of Newcastle University facilities
Opportunities to share in revenues arising from intellectual property right commercialisation to
which the Visiting Researcher has contributed under Newcastle University regulations.
In exchange for the considerations above, the Visiting Researcher agrees;
To disclose promptly and assign to Newcastle University all rights to intellectual property rights
that the Visiting Researcher creates, or contributes to, arising from work during his/her visiting
appointment.
To execute all necessary papers and otherwise provide proper assistance, promptly upon
Newcastle University request and do such other acts to give effect to such assignments, at the
expense and cost of the University, as the University may require from time to time.
Newcastle University undertakes to treat the Visiting Researcher in line with Newcastle University's
intellectual property rights policy as if the Visiting Researcher was a full-time employee of Newcastle
University, including sharing in any revenues generated from the commercial application of the relevant
intellectual property rights
Signed............................................................Date..........................................................
Visiting Researcher Name........................................ Witnessed by.............................................
Signed............................................................Date..........................................................For
University
Newcastle