Intellectual property (rights) Doctoral Schools

Transcription

1 Intellectual property (rights) Doctoral Schools

2 What is IP? definition IP Intellectual Property Creations of the mind : products of human intellect No tangible property IPR Intellectual property rights Exclusive rights creating a limited monopoly Economic rights and moral rights

3 What is IP? examples

4 What is IP? patents WHAT? A technical solution to a problem REQUIREMENTS? Novel Inventive Susceptible of industrial application DURATION? 20 years FORMALITIES? Yes : a patent application has to be filed!! Patent database = freely accessible state of the art

5 What is IP? copyright WHAT? Literary or an artistic work REQUIREMENTS? Original DURATION? Up until 70 years after the death of the author FORMALITIES? No

6 What is IP? more information -

7 IP at Hasselt University question 1 Question 1 Why is IP important in my (PhD) research at Hasselt University

8 IP at Hasselt University answer 1 Research results = products of human intellect Research results (can) enjoy protection under IPR (Protected) research results can be exploited if there is market potential Example : A tennical invention is created First : filing a patent application (=protection of research results) Second : granting third parties access rights on the patented invention for a fee (=exploitation of research results)

9 IP at Hasselt University question 2 Question 2 Who owns the IPR on my (PhD) research results

10 IP at Hasselt University answer 2 - Codex Higher Education Economic rights on research results belong to the universities, not the researcher Source code written by a PhD student Economic rights belong to Hasselt University and not to the PhD student The PhD student however will be recognized as author of the software (=moral rights) Exception: copyright on works other than software remains vested in the researcher A scientific article written by a PhD student Both economic and moral rights belong to the PhD student and not to Hasselt University Hasselt University however should be mentioned as affiliation

11 IP at Hasselt University answer 2 -! Projectspecific collaborations In collaboration with third parties, Hasselt University will conclude agreements regarding ownership of IP, such as joint ownership or transfer of IP Example : Research carried out in a consortium with other project partners : IPR can be shared with other partners! Structural collaborations Structural collaboration with strategic knowledge centra Examples : Imo-imomec : imec EDM : iminds Biomed : Vlaams Instituut voor Biotechnologie (VIB)

12 IP at Hasselt University question 3 Question 3 What do I do when I obtain research results

13 IP at Hasselt University answer 3 First step Check with your promoter if there is potential for further development, protection and exploitation Second step If yes : notify the Tech Transfer Office, who coordinates the protection and exploitation of research results

14 IP at Hasselt University answer 3 Heidi Cardous - EDM - Censtat Steven Van Hoof - IMOB - imo-imomec (imec) - Medicine and life sciences

15 IP at Hasselt University question 4 Question 4 What do I do if I want to carry out part of my research with third parties (a company, another university )

16 IP at Hasselt University answer 4 First step : secure confidential information Research results = products of human intellect Research results (can) enjoy protection under IPR but novelty is often required By sharing research results with third parties without confidentiality protection, research results become state of the art which oftentimes precludes IPR IP should only be shared under a non disclosure agreement ( NDA ), drafted or approved by the Tech Transfer Office Second step : set out the conditions for collaboration Joint research can only be executed under an agreement setting out the various conditions : IP ownership, publication rights, liabilities Collaboration agreement is drafted or approved by the Tech Transfer Office

17 IP at Hasselt University answer 4! Collaboration with master students Master students of Hasselt University are always considered to be third parties since they are no employees of Hasselt University In case master students contribute to the (PhD) research, a declaration on honour should be signed, stating that : The master student shall respect confidential information of the (PhD) research The master student shall assign the property rights of his/her research to Hasselt University

18 IP at Hasselt University question 5 Question 5 What do I do if I want to publish my research results

19 IP at Hasselt University question 5 First check with your promoter if there is potential for further development, protection and exploitation If yes : notify the Tech Transfer Office, who coordinates the protection and exploitation of research results In case of patent application : As soon as the patent application has been filed, publication becomes possible The patent application itself will be published 18 months after the filing date If the research was carried out with third partners (e.g. a company or another university), check the publication conditions in the collaboration agreement Proceed to publication

20 IP at the UHasselt question 6 Question 6 What s in it for me

21 IP at Hasselt University answer 6 The researcher involved will always be recognized as inventor / author In case Hasselt University exploits your research results : 30% of the net income from exploitation is reserved for you personally 40% of the net income from exploitation is reserved for your research institute Patent applications will soon be taken into account in your academic file