Intellectual property - who owns it?

M

Hello - I'm hoping to start a PhD, joint funded between a university and industry, and there's some issues regarding intellectual property rights. The question is, who owns the IP - would it be the university, industrial sponsor or the student? OR, does it depend upon the level of sponsorship which dictates IP ownership? Any advice would be appreciated. Thanks, Mev

J

With me it depends on whether the "property" was obtained as a direct result of the industry sponsorship, or accidentally. In the former case, the sponsor owns the property (if there is more than one sponsor, then they share ownership according to how much they invested). If the latter, the university owns it. As far as I know, the student never gets ownership, annoyingly.

S

Each Uni will have a policy, but it may be that it depends on the company involved. Talk to your supervisor, but your institution should have a contracts office (who deal with legal contracts for research and commercial projects) who will be able to advise you.

S

talk to the company and uni both, Usually there are some regulations for the ownership of some big discoveries, if any, you have made. make it clear in case you get yourself in trouble

H

IP Rights belongs to institutions, not individuals. If the work is carried out using facilities in the university, the IP rights belongs to the university. In your case, the company and the university will negotiate who gets the IP rights. Best to speak to the IP guys in your uni before starting the PhD. Good luck

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