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10 Why the University owns IP Charitable Status - There are many obligations imposed on the University. Some of these arise from its status as a charitable institution. This means that it needs to protect its assets (including IP) to avoid losing its charitable status. The University cannot give an asset away for free, unless it is in support of its mission (charitable objectives). It could not simply "hand over" a valuable new invention to a company, but it could give away teaching materials in support of a literacy project. Its IP needs to be used for public benefit. Other obligations - Other obligations may arise through grant conditions, or through contracts which it enters into to fund aspects of its operations, such as research. So the University needs to be able to control the IP which it creates. Of course, what "it creates" is in fact created by you as its employees. The University wants to disseminate IP, but sometimes this is best done through commercialisation. Sometimes it may transfer it to you as its creator. The IP Policy governs all of this. > As a matter of law, generally all IP which you create in the course of your employment will automatically belong to the University as your employer. The IP Policy simply reflects this. > Moral rights also do not arise in relation to works you create in your role as an employee of the University, but the University will try to credit you where practicable. > Performers' rights are personal rights. You license the University to use these for its administrative, promotional, educational and teaching purposes. The University recognises your contribution to the creation or invention of IP through revenue sharing (see 'Revenue-sharing' p32). Q - What counts as being in the course of employment? A - We all have outside interests. The University recognises that not everything you do in life is in the course of your employment. So, what does this legal phrase course of employment mean? There is no absolute definition, but it would depend on your job as described in your contract of employment and how that had developed over the years. Deciding what is or is not part of your job description is therefore not just a question of what you do on and off University premises, or what you do from 9am to 5pm. Clearly, if you work as a researcher in the Dept of Chemistry and write a crime novel at home on a Sunday, you have not written that novel in the course of your employment (even if the victim is poisoned). >>> UNIVERSITY EMPLOYEES

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