UNDERSTANDING UG IP

Ownership

A. Creator Owned Intellectual Property

An Employee shall retain ownership rights to any IP created when:

  1. The IP is created without a significant use of the University’s resources; 

  2.  IP is not subject to a sponsored research or any other agreement that requires ownership to reside in a third party. Employees may use Creator-owned IP in their research at the University. They are however required to provide evidence of ownership of such works and formally notify the Research and Innovation Directorate before use. 

    B. University Owned Intellectual Property 

The University, in accordance with general law principles, is the owner of IP created by its Employees in the course of their employment.

  1. The University shall own any IP made, discovered or created with significant use of the University’s resources. A significant use of University resources is said to occur where the Intellectual Property is created with the use of University-administered funds, University facilities, equipment, resources, time, office space, personnel, administrative support, etc. An employee is required to disclose any IP which bears resemblance to a specific research project to the University, together with an explanation that the IP did not arise through the significant use of University resources. 

  2. The University shall own any IP (including Exempted Scholarly Work) resulting from a University Commissioned Work. 

    C. Sponsored Research

Ownership of IP (including Exempted Scholarly Work) from research funded by a sponsor pursuant to a research or grant agreement, or which is subject to Confidentiality Disclosure Agreement, Material Transfer Agreement, or other legal obligation affecting ownership will be governed by the terms of the grant or agreement as approved by the University; or 

  1. Discussed in good faith by the University and sponsor and determined on a case by case basis; or 
  2. The IP would be owned by the University. The University may grant the sponsor a non-exclusive royalty-bearing license to the IP based on reasonable terms and conditions. 

  3. Where the Government provides funding for research purposes, ownership of any IP created would vest with the University. The University would grant the Government a non-exclusive royalty bearing license to the IP and may take steps to commercialise the IP where it is found to be of commercial value. 

    D. Collaborative Research 

Ownership of IP emanating from collaboration between the University and another research institution or collaboration between an employee or student of the University and another institution; staff, student or employee of another institution would be: 

  1. Determined based on specific terms in the collaborative research agreement; or
  2. The IP would be owned by the University. The University will grant the collaborator a non-exclusive royalty bearing license to the IP

 

E. Copyrights 

The University would be granted an automatic non-exclusive, royalty-free, non-transferable and irrevocable license on all copyrightable works created for its own academic purposes. The University waives its claim to copyright in teaching materials, text books and research publications by an Employee. Individuals may publish these works for their own benefit.

F. Student Work

 A Student will own copyright in thesis and dissertations and works derived from such works, subject to a royalty-free license to the University to reproduce and publish the work. A Student shall own IP created in the course of their research or study at the University except in cases where 

  1. The Student employed a significant use of the University’s resources in relation to the research; 
  2. The Student received financial support from the University in the form of grants, etc. for the research; 
  3. The Student was commissioned to do the work; 
  4. The research is subject to contractual obligations of sponsors under a sponsored research agreement. As such sponsored Students are advised to check the terms of their sponsorship agreement.
  5. The Student conducts the research in collaboration with others in a way that leads to joint ownership.

Notwithstanding i. - v. of F, the University may require a Student to assign ownership of the IP to the University where in its opinion, the IP has potential commercial value. The University will bear all costs associated with the protection and/or commercialisation of the said IP. The distribution of any royalty from commercialisation shall be subject to the provisions of section 4.7 of this policy.

G. Visitors 

  1.  A Visitor is required to disclose his/ her background IP that relates to work to be undertaken whilst at the University to ORID. 
  2. A Visitor must declare any IP created at the University during his visit to the Research and Innovation Directorate.

 

 

Intellectual Property Disclosure

Disclosing Intellectual Property serves as an initial formal step to acquiring appropriate protection for one’s Intellectual Property. Employees and Students are required to submit a disclosure of any innovative scientific discovery of potential economic value to the TDTC as soon as possible and prior to Public Disclosure. Employees and Students must ensure that research findings and creations with market potential are not subjected to premature disclosure as this may jeopardize their protection and commercialisation. Thus Employees and Students must avoid a Public Disclosure of the Intellectual Property until the end of the evaluation period and filing of protection. An IP may however be safely disclosed beyond the University under the terms of a Confidential Disclosure Agreement. Employees and Students are required to disclose any background Intellectual Property which would form part or be used in the creation of an Intellectual Property to the Research and Innovation Directorate.

 

 

Commercialisation and Licensing

The University will endeavour to promote the use of research findings and the development of Inventions and innovations by industry for public use. In some cases, the University may put the IP in the public domain and not for the purpose of licensing and profit making. The TTCIP unit in collaboration with the Creator will develop a mutually acceptable plan for commercialisation of the technology. The plan would address issues such as potential funding sources, options for developing the IP, marketing, targeted customer base, companies with resources and capabilities to put the technology onto the market, etc. Any losses incurred with the commercial development of an IP would be absorbed by the University. The TTCIP unit will have responsibility for the commercial development of University owned IP. Commercial development will emerge either through a licensing of the IP, an assignment of the IP or the establishment of a spin-off

 

 

Evaluation

The TTCIP unit will conduct a pre-evaluation of invention disclosures and other IPs disclosed to it in order to determine whether or not the technology will be accepted for the purposes of protection, commercialisation and/or licensing based on its potential benefits, commercial potential and industrial relevance. Following this, the Intellectual Property Committee (IPC) will conduct an extensive evaluation of the IP and make a recommendation. The IPC may consult with other experts in the performance of this function

 

 

 

Intellectual Property Protection

The University will apply for protection of the IP where in its judgment, the IP is found to be of significant commercial potential. The costs associated with such protection will be borne by the University unless

otherwise provided. The University would not pursue the protection of an IP where its successful commercial development is uncertain