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Radiotherapy Issue SOLUTIONS Radiotheraphy Issue What IP and other rights are relevant here? n The radiotherapy method and the relevant equipment are potentially patentable inventions. Other know-how will also probably have been created (note that this is not strictly IP). n Design right in the equipment. n There will be copyright in Tom's thesis. What issues might need addressing in relation to who owns what IP in the new radiotherapy method? n Prof. Kent has undertaken some of the testing in relation to the radiotherapy method at the Trust, where she is a consultant. She is subject to the terms of an honorary contract with the Trust. Her honorary contract may state that the Trust will own any IP that she creates whilst acting as a consultant for the Trust. Accordingly, if any relevant IP has resulted from testing that Prof. Kent has carried out at the Trust, it may be necessary for Lakeland to obtain the Trust's permission before it can use such IP. n Prof. Table's Chair at Lakeland is sponsored by IPP. It will be necessary to check the terms of the sponsorship agreement to see whether it contains any provisions relating to the ownership of any IP created by Prof. Table. It may contain provisions which override the standard position that any IP created by Prof. Table as an employee of Lakeland is owned by Lakeland. n Tom is likely to own any IP that he creates at Lakeland as he is a student. Accordingly, it will be necessary to obtain Tom's permission to use any IP that he has created which relates to the radiotherapy method, this includes copyright in Tom's dissertation. 45

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