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Intellectual Property Policy: guidance relating to student IP

This guide aims to help you understand how 果冻影院鈥檚 IP policy will operate in a range of scenarios relating to intellectual property created by 果冻影院 students.

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Introduction to 果冻影院鈥檚 IP Policy and aims of this guidance

Intellectual property, or 'IP', is a broad term that covers various categories of intellectual creations and assets. Such creative outputs can be as varied as publications, inventions, and artworks. The 果冻影院 community generates all these intellectual creations and many more besides.

Although many creative outputs are classed as IP, technical expertise (however specialised) and general knowledge are typically excluded.

果冻影院 students (as a general principle) own the intellectual property that they generate, whether or not it arises in connection with their studies. There are, however, some important exceptions. Students should examine the policy and guidance below to determine whether such an exception may affect them. Otherwise, students are free to choose what they do with any IP they generate.

Aims of this guidance

This guide aims to help students and staff understand how 果冻影院鈥檚 IP policy will operate in a range of possible scenarios. It鈥檚 not exhaustive and is for guidance only: it does not constitute policy in and of itself. The guidance is not intended to (and does not) limit, extend, amend or otherwise vary the position set out in the policy.

果冻影院 cannot advise individual students on how to handle their own IP as this could result in a conflict of interest for the university. There will be times when students require further advice and guidance on protecting their intellectual property. Some further resources are listed below, but students are responsible for seeking their own advice on how to manage their own IP.

Online IP training

To help students and staff understand and protect intellectual property and how it鈥檚 handled at 果冻影院, we鈥檝e developed online IP training.

If you have any questions about applying the policy, contact the appropriate office listed at the end of this page.

果冻影院鈥檚 general position: students own their IP

As a general principle, 果冻影院 recognises students as owners of any IP that they create while they鈥檙e a registered student of 果冻影院 (section 3.1.1, 果冻影院 IP Policy). Such creations can include:听

  • essays, dissertations and theses
  • apps
  • artworks
  • databases
  • designs
  • logos
  • recordings
  • software

There are some possible exceptions to this principle, which might include any of the following.

Exceptions to student IP ownership

External funding and IP

Where a student receives external funding for their studies, they听often retain听ownership of their IP. In certain circumstances, however, the terms of funding agreements determine the ownership of any IP arising from a project.

To understand their intellectual property rights, students should check any research contract they may be asked to sign associated with their studies.

Studentships

If a student is studying on a studentship that鈥檚 funded by an external organisation (such as within a doctoral training programme), the contract that 果冻影院 entered into with the external organisation may include clauses governing IP (section 3.2.1, 果冻影院 IP Policy).

These contracts are negotiated by 果冻影院 Research and Innovation Services. They outline how external organisations (for example, research councils such as UKRI, UK or overseas charities, industry or commerce, UK or overseas governments) fund research at 果冻影院, including studentships.

When a student enters into a studentship, they may be asked to assign their IP to 果冻影院 as the university manages the negotiations and relationship with the external funders involved. The specific terms of this studentship IP agreement will then prevail over 果冻影院鈥檚 general IP policy.

Example: If a PhD student accepts an offer of a studentship at 果冻影院 that鈥檚 funded by a research council with a funding contribution from a company, the student may have to grant 果冻影院 the IP arising from their research so that 果冻影院 can handle contractual arrangements with the company.

There are additional considerations when a 果冻影院 spinout company or other company linked with academic staff provides student sponsorship. As 果冻影院 staff or students have created such companies, or are associated with them, there needs to be clear processes and agreements in place around the ownership of IP arising through the research.

Find out more about 果冻影院 spinouts and student sponsorship.

Student-brokered sponsorship

If a student enters 果冻影院 with an agreement already in place around their funding from an external organisation (for example a non-UK government), the sponsor may have a claim on the IP that the student creates. The details of who owns any IP arising from the project should be recorded in the contract or agreement that the student signed to receive the funding.

Example: If an external company funds a student鈥檚 Master鈥檚 degree at 果冻影院, the agreement between the student and the company may stipulate that the IP arising from certain aspects of the degree belongs to the company.

Loans

It鈥檚 typically the case that loans, especially UK-based loans for academic study, make no claims on IP. However, students should check their contract with the loan provider.

Collaborative work and IP听

At 果冻影院, students and staff will sometimes collaborate on projects and create IP together. As the IP arising from such collaborative work is generated by multiple people, this creates more complexity in relation to IP ownership and management.

Collaborative work: possible scenarios

As a general principle, students own the IP they create when they鈥檙e working collaboratively with 果冻影院 staff or students (section 3.3.1, 果冻影院 IP Policy). Depending on the scope of the collaboration and the extent of their input, students may own IP separate and distinct from their collaborators or they might share ownership of the IP with their collaborators in accordance with who made which inventive step. 听

Where existing 果冻影院 IP is used as the foundation on which to develop new IP, however, 果冻影院 will own the new IP regardless of who developed it. So for any projects based on IP belonging to 果冻影院 or a member of 果冻影院 staff (i.e. 鈥榖ackground IP鈥�) and/or projects that depend heavily on additional 果冻影院 resource (e.g. specialist laboratory equipment), 果冻影院 will own the IP developed by students because the university鈥檚 input of resources made such projects possible (section 3.3.2, 果冻影院 IP Policy). As with staff, as part of this process 果冻影院 will seek a confirmatory assignment of the IP where the student transfers ownership of the IP to 果冻影院.

In certain situations, it might make sense when commercialising a body of work involving both student-owned IP and 果冻影院-owned IP for the student to assign their portion of the IP to 果冻影院. Such a decision would be entirely at the student鈥檚 discretion. In such circumstances 果冻影院 would recommend that students seek external legal advice as appropriate.

In all circumstances where a student has developed IP and then assigned it to 果冻影院, if the IP is commercialised the student will be entitled to a share of any revenue received in the same way as 果冻影院 staff members (section 4.1, 果冻影院 IP Policy). This will be in accordance with 果冻影院鈥檚 Revenue Sharing Policy.

In practice, students and supervisors will exchange ideas regularly and it can be difficult in retrospect to distinguish the originator of individual ideas. It鈥檚 therefore essential that the creation of IP is properly documented.

Significant use of 果冻影院 or staff IP

If a student creates IP that鈥檚 derived from or is based on IP belonging to 果冻影院 or a member of 果冻影院 staff (鈥榖ackground IP鈥�), 果冻影院 will own the IP developed by the student (section 3.3.2a, 果冻影院 IP Policy). This applies to both IP created by a sole student originator and to IP developed collaboratively.

Example: If a PhD student joins an ongoing research project based on background IP belonging to 果冻影院, 果冻影院 would have a claim on the IP arising from the student's research. This is because the university's input of background IP made the project possible.

Additional use of 果冻影院 resources听

If a student uses additional resources in a project that are not generally available (for example computers are generally available, highly specialist laboratory equipment is not) and the use of the resources is more than incidental to the development of the IP, 果冻影院 may own the resulting IP (section 3.3.2b, 果冻影院 IP Policy). This applies to IP created by a sole student originator and to IP developed collaboratively.

Example: If a student is using highly specialised high-powered laboratory equipment at 果冻影院 as part of their studies, 果冻影院 would have a claim on the IP arising from the student鈥檚 research. This is because the university's input of specialist additional resources made the project possible.

In recognition of the contribution that students make to IP arising from projects based on 果冻影院鈥檚 background IP and/or heavily dependent on 果冻影院鈥檚 additional resources, if 果冻影院 pursues commercialisation of such projects the student(s) involved will be entitled to a share of any revenue received in the same way as 果冻影院 staff members (section 4.1, 果冻影院 IP Policy). This will be in accordance with 果冻影院鈥檚 Revenue Sharing Policy.

Other circumstances involving student IP ownership

Independent laboratories and institutes

If a student is based in an independent laboratory or institute, the distinctive nature of these institutions means that special IP conditions may apply to the student鈥檚 work. Such institutions include The Francis Crick Institute, the UK Dementia Research Institute and the Sainsbury Wellcome Centre.

Individuals who are both students and staff members听

In certain circumstances an individual may be both a staff member and a student at 果冻影院. Typically, their involvement as students will be separate from their role as staff members, so the relevant aspect of the policy will apply depending on the activity (section 1.5, 果冻影院 IP Policy).

Example: If a PhD student also works as a Postgraduate Teaching Assistant (PGTA) at 果冻影院, their activities as a researcher and as a teacher are separate. The student-focused clauses of 果冻影院鈥檚 IP policy will govern their research outputs, while the staff-focused clauses of the policy will govern their teaching activities.

To avoid confusion in cases where it could be more difficult to distinguish between staff and student roles, it鈥檚 good practice to employ IP management strategies to ensure clarity around developing IP.

Find out more about owning and managing staff intellectual property at 果冻影院.

果冻影院鈥檚 right to showcase student work

If a student creates an artistic work as part of their studies, they鈥檒l own the copyright to this piece. However, 果冻影院 retains the right to exhibit the work and reproduce it for educational or promotional purposes without payment of fees or royalties (section 3.4.2a-c, 果冻影院 IP Policy).

Example: If a student painted a picture as part of their degree programme they鈥檇 own the copyright to this artistic work. However, 果冻影院 could reproduce the piece in a prospectus to showcase our students鈥� activity without paying fees or royalties.

Submission, examination, publication and commercialisation

The management of IP remains a consideration for those students submitting their research projects and for those who wish to publish or commercialise their work. This is because publishing or disclosing sensitive information about IP will make it impossible to secure a patent subsequently.

Submission and examination

In cases where a student has entered into an agreement regarding the ownership of IP, the student should check whether this commits them to any particular arrangements concerning the submission and examination of their thesis. The student should also check whether this agreement commits them to embargoing their thesis for a period after the viva.

Publication

In those instances where a student wants to publish material based on their research (either before or after their viva), the student should consider whether publication would reveal sensitive information about IP that could prevent them securing a patent.

It鈥檚 also important that students who鈥檝e entered into an agreement regarding the ownership of IP check whether this commits them to any particular arrangements in terms of publishing their work.

Example: If a student collaborates with their supervisor in developing an invention, the student and supervisor may need to delay publication of their results to allow time to apply for a patent.

Commercialisation and revenue sharing听

In certain circumstances, such as when a student is funded through a studentship co-funded by an external organisation, the student will be asked to assign their IP to 果冻影院. They鈥檒l do this in the form of an agreement signed between 果冻影院 and the student.

In cases where a student assigns their IP to 果冻影院, if any subsequent IP is commercialised the student will be entitled to a share of any revenue received (section 4.1, 果冻影院 IP Policy). The student will receive revenue on the same terms as staff. This is detailed in 果冻影院鈥檚 Revenue Sharing Policy.

IP management strategies

Where there鈥檚 a risk of confusion about IP ownership, such as within collaborative work or where a student is also employed as a member of staff, it鈥檚 good practice to put in place an IP management strategy. This can help ensure ongoing clarity about IP arising from the work.

IP management strategies can take various forms depending on the nature of the project. Whichever strategy is used, however, it should ensure good record keeping throughout the lifetime of the project. This will help establish IP ownership if any questions should arise at a later stage. It should also make provision for discussions between students and supervisors that set clear expectations about the development, ownership, and management of IP.

Artificial intelligence (AI) and IP

The role of artificial intelligence (AI) in research and innovation is a live and complex issue that raises many questions around IP.

AI tools such as ChatGPT can create plausible answers to assignments, construct essays, and write computer code, all in seconds.

果冻影院 has guidance around the role of AI in education and assessment for students.

In addition to this, it鈥檚 essential that researchers at all levels are aware that inputting ideas into AI tools might constitute an IP disclosure or a breach of confidentially where we have undertaken to third parties to keep certain things confidentially. This is because AI tools might use your input ideas to create subsequent outputs, sharing your IP without either your permission or acknowledging your role in its creation.

If your IP is shared in this way, it means that your ideas have been disclosed. This could potentially make it impossible to secure a patent or other legal protections.

Example: If a 果冻影院 individual uses an AI tool to write up their notes into an appropriate style for a paper, and these notes contain new IP, this might constitute a disclosure.

Questions, contacts and further information听

Questions and contacts听

For general 果冻影院 IP policy support, email听intellectualproperty@ucl.ac.uk

For questions relating to the following areas,听and to find out more,听see the appropriate pages:听

Further information

果冻影院 has developed online IP training to help students and staff understand and protect intellectual property.

果冻影院 Business have produced a helpful .

The is a good source of background information and training materials relating to IP.

The is another good source of background information relating to IP.

Useful links

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