Copyright, Design Rights & Other Intellectual Property Rights

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COPYRIGHT, DESIGN RIGHTS & OTHER INTELLECTUAL PROPERTY RIGHTS
1 Subject to the following provisions, the University and its employees acknowledge sections 11 and 215 of
the Copyright, Designs and Patents Act 1988.
2 The University and its employees agree that subject only to the provisions of paragraph 3 below and in
the absence of a contrary written agreement, the copyright and design right subsisting in any works made
or acquired by an employee during the course of his/her employment shall as and when these works are
created belong to the University including, without limitation, such copyright and design right as may
subsist in the following works:
2.1 all records, documents and other papers which pertain to the finance and administration of the
University;
2.2 course materials produced for the purposes of the curriculum of a course run by the University and
produced, used or disseminated by the University;
2.3 computer generated works, other computer software, firmware and semi-conductor topographies;
2.4 works produced during the course of or as a result of research specifically funded and supported by the
University; and
2.5 video tapes, films, drawings, photographs or other documents whether or not created by or produced
using University facilities.
3 Notwithstanding paragraph 2 above, any copyright and/or design right subsiding in the following works
shall, as between the University and the employee, in the absence of a contrary written agreement, belong
to the employee whether made during the course of employment or otherwise;
3.1 any work or design made, compiled or otherwise brought into existence by an employee as a scholarly
work produced in furtherance of his/her professional career. For the purposes of this sub-paragraph
"scholarly work" shall include books, contributions to books, articles and conference papers, and shall be
construed in the light of the common understanding of the phrase in higher education; and
3.2 any material produced by an employee for personal use or reference, including as an aid to teaching.
4 The above paragraphs 1 and 3 shall apply except where agreement to the contrary is reached between
individual employees and the University. Where a case arises, or it is thought that a case may arise, where
such agreement to the contrary may be necessary, or where it may be expedient to reach a specific
agreement as to the application of the above sub-clauses to the particular facts of the case, the matter
should be taken up by the individual employee with their Head of Department who shall refer the matter to
the University's Nominated Senior Officer for IPR, whose decision shall be final.
5 Employees shall (at the expense of the University) sign and execute all such documents and do all such
acts and things as the University may reasonably require in order to vest in the University and to protect
and/or exploit any copyright and/or design right in accordance with the provisions of this document
"Copyright, Design Rights & Other Intellectual Property Rights"
6 For the purpose of paragraphs 6 to 10 the phrase Intellectual Property Rights shall not include patents,
copyrights and design rights which are provided for under paragraphs 1 to 5 above, all other intellectual
property rights including, without limitation, trade marks, registered designs, service marks, semi-conductor
topography rights, database rights and know-how.
7 The University and its employees acknowledge the value of ensuring that Intellectual Property Rights are
correctly identified and exploited.
8 Subject only to written agreement to the contrary, and to any contrary provisions of paragraphs 1 to 5
above, all Intellectual Property Rights arising from or created by employees during the course of their
employment shall belong to the University.
9 Employees shall (at the expense of the University) sign and execute all such documents and do all such
acts and things as the University may reasonably require in order to vest in the University and to protect
and/or exploit any Intellectual Property Rights in accordance with the provisions of paragraphs 6 to 11.
10 Where an employee has created, compiled, acquired or discovered anything in which Intellectual
Property Rights may exist and which may be commercially exploitable, the employee shall disclose the
existence and nature of such Intellectual Property Rights to the University's Nominated Senior Officer for
IPR. Other than as required under this paragraph 10 the employee must treat the existence and nature of
the Intellectual Property Rights as confidential and must not disclose such information to any third party
without the express permission in writing of the University's Nominated Senior Officer for IPR.
11 Where the University exploits for commercial gain any Intellectual Property Rights to which paragraphs
6 to 10 apply it shall, where appropriate, pay to the employee or employees who created or discovered
such rights such sums as in the University's absolute discretion it determines fair and reasonable.
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