Issue link: https://htpgraphics.uberflip.com/i/392125
Intellectual Property/Results 41 Section 9 Third Party IP It is a common misconception that it is alright to use the IP of a third party for research purposes without having a licence. This is not correct. Research institutions have often 'got away with it' because the owner of the IP which is being used has taken a view that the work being done is not close to the market and does not compete with it in any way. That does not take away from the fact that in using such IP your research institution and you could be infringing IP and could be taken to court. Making a patented product or using a patented process would usually infringe the patent. It will not though if it is for experimental purposes relating to the subject matter of the invention. This means you can do all this if you are carrying out research to modify or improve the patented invention. You cannot use it for research on an unrelated subject matter without a licence. There has been an issue as to whether trials and tests to satisfy regulatory authorities are "experimental" uses or whether they fall outside of this. Whilst not absolutely clear, in the UK the general interpretation of the law is that they would not be covered. So clinical trials do not benefit from the exemption. This is not the case in some other countries, such as Germany. There is also an exemption where the patent is used privately and for purposes which are not commercial. Even the argument that the use is not commercial in the context of a research institution is not easy to sustain. It is difficult to say the use is private, except possibly if you do it on your own for your own use. ("Private" does not mean "secret" or "confidential".) You should generally not rely on this exemption. There is also an "experimental purposes" exemption and an exemption for use done "privately and for purposes which are not commercial" for registered designs. Similar sorts of warnings will apply.