A guide for students
1. During the course of your studies you may generate some novel work. This is known as Intellectual Property (IP). Intellectual Property is the term used to describe the outputs of creative endeavour in literary, artistic, industrial, scientific and engineering fields that can be protected under legislation. In the University context this can be considered broadly as the results from research or creative projects.
2. As the generator of IP you are considered to be an ‘inventor’ or ‘creator’ and, together with the University, have rights to the Intellectual Property. This is known as Intellectual Property Rights (IPR). IPR give legal recognition to the ownership of intellectual property. There are several different forms of rights or areas of law giving rise to rights that together make up IPR.
The four main types of IP are:
- Patents for inventions – new and improved products and processes that are capable of industrial application
- Trade marks for brand identity – of goods and services allowing distinctions to be made between different traders
- Designs for product appearance – of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product itself or its ornamentation
- Copyright for material – literary and artistic material, music, films, sound recordings and broadcasts, including software and multimedia
3. Students occupy a different position from members of staff. The University makes no claim to ownership of intellectual property which a student makes arising from his or her research project, for example. However, the common situation is one in which a research student is a member of a team whose work has resulted in an invention. The University's practice is to treat the student concerned in no way differently from the members of staff constituting the team and enable him or her to participate in the revenue sharing arrangements that are agreed. If a student develops IP while employed by the University in the capacity of a research assistant or demonstrator then the position is the same as for a member of staff. The position of students sponsored by an employer or under an arrangement such as a CASE award, or other industry-funded research will be governed by the terms of the grant or support funding.
4. Normally the University will work with ‘inventors’ or ‘creators’ to manage the IP. Staff within Research & Enterprise Services can provide expert help and advice. Therefore if you feel that you have created some IP, please speak to your project supervisor as soon as possible. Then you and your supervisor should contact Research & Enterprise Services and together we can work within the University IP Policy for Staff to help exploit and manage the IP you have invented as effectively as possible. In order for students to benefit from the exploitation of IP they will be required to assign their IP to the University (and, once again, Cardiff Met’s IP policy for staff would be used).
5. Information disclosed to a student during the course of research activities and any results generated during that period (whether or not technical or commercial in nature) may constitute valuable intellectual property and require protection prior to any form of non-confidential disclosure. It is the responsibility of the student’s supervisor to advise the student as to which results and/or information are to be kept confidential. If in any doubt, advice should be sought from Research & Enterprise Services.