n
Foreground
Various results will come out of the work carried out under the Project.
In this Guide, we call such results and the IP in them, Foreground IP.
Sometimes the distinction is made between the results (which may
comprise some information which is not proprietary) and the IP in
the results.
Intellectual Property/Results
Section 9
36
Figure 2 – Intellectual Property in respect of elements of
Research Contracts
The ownership will be the
outcome of negotiations,
especially if the contract
is with an industrial or
commercial concern.
Usually a funder would
expect certain rights or
obligations to be met.
Foreground IP
IP arising directly as a
result of the research
under the Research
Contract.
Sideground IP
IP created by you or
elsewhere in the institution
but not directly as a result
of the research under the
Research Contract.
Background IP
IP already existing before the research under
the Research Contract commences.
Will remain the
property of the
research institution.
Occasionally licences
may be required as for
Background IP.
Will remain the property of the existing owner but some
form of licence to it may be needed to carry out the
research and/or operate the Foreground IP – this can be
negotiated before the Research Contract but conditional
on the funding.
Before the
Research
Project starts
After the
Research
Project
starts