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IP Confidentiality Guide

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IP Ownership Section 2 Originators and Contributors It is essential in IP law to be certain who was the actual creator of the IP. The person(s) who have made the creative leap are the originator(s). Different specific terms are used for the originator(s) of different types of IP. For instance in the case of patents they are "inventor(s)" and in the case of literary copyright works they are "author(s)". Other individuals may have worked with the originator(s) to develop the original idea or work, but if they have not created anything new in IP terms, then they are not originator(s) but simply contributor(s). Why is it important to distinguish between originator(s) and contributor(s)? Well, for instance, in the case of patents, only the originator(s) of the invention are named as inventors on the patent. Any reward sharing, from successful business applications of the IP under an IP policy, is often only applicable to the originator(s) and not to the contributor(s). Collaborative/Funded Work If you are working with or for an industrial sponsor or a different university/ institution, check the terms of the funding arrangements e.g. of the grant, the contract or the collaboration agreement. This is likely to specify who will own the IP created. Group Work Consider whether you have produced work on your own or whether anyone else has been involved in its creation. It can be more difficult to establish ownership if a number of other staff/students has been involved in the same project. If you write a paper in conjunction with other authors, copyright in that paper may be jointly owned. Similarly, if you develop a patentable invention jointly within a research team, that invention may also be jointly owned. You will probably need to obtain any joint owners' consents if you intend to do anything with that IP. 15

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