Dear Colleague

							ASSIGNMENT OF INTELLECTUAL PROPERTY RIGHTS BY STUDENTS

Intellectual Property Rights (IPR) are the rights legally recognised to protect ownership inter alia of literary, artistic and scientific works, and scientific discoveries. In recent years there has been a growing international appreciation of the direct benefits which the proper protection of academic IPR can bring to the individual "inventor", the institution and the nation. This has led to the present policy of several governments, including the UK, to give the ownership of IPR generated by public funds, to the relevant institution, provided that there are in existence the required policies and procedures to ensure full protection and encourage beneficial exploitation. If an employee of the University makes a valuable discovery as a result of the terms of their employment, the ownership of that discovery therefore now belongs to the University. Students are not employees of the University and so, unless any sponsorship agreement covering them states otherwise, they own the intellectual property that arises from their work. However, in practice it is often difficult to distinguish between the contributions of individual students and supervisors. The main areas of IPR which are relevant to research and scholarly work are patents and copyright. To provide full patent protection there must be registration with the Patent Office before the invention becomes public knowledge. It is therefore essential to obtain advice on the patentability of an invention and its protection before publishing a paper, providing drawings, giving a lecture or even discussing one's work informally at scientific meetings. The international protection of IPR is normally beyond the financial resources of individuals. Copyright ownership must also be legally established through the provision of acceptable evidence and again requires the obtaining of relevant advice. To overcome the above problems, which can be encountered by students, it is University policy to suggest the execution of an agreement following the terms attached to this note. It is particularly advisable that students working in teams on a common problem should all sign this agreement. Students are free to sign this agreement or to decline to do so though, in some instances, signing the agreement may be a condition for undertaking research. The agreement is necessarily couched in legal terms but the following items are covered. In return for assigning his/her intellectual property rights to the University during the period that he/she is a student, the University undertakes to do the following things:(i) (ii) Assess the protection and exploitability of any IPR. Protect and defend the IPR at its own cost, if it is judged to have acceptable commercial potential. This adjudication is at the absolute discretion of the University. If the University decides not to protect the intellectual property then any interest that the student or students may have in the Intellectual Property will revert to them. Reward the student concerned on the same terms as members of staff. The present financial rewards are based on the following scales, which are reviewed at regular intervals. Net Total Income £ Staff Member 33.3% University & Department 66.7%

(iii)

Although not covered by the following legal agreement, the University would undertake assessment and protection speedily so that no undue delay in publication is suffered. Once the University has decided to proceed with protection the legal procedures would be unlikely to exceed three months, provided that accurate laboratory or other records are immediately available to support any patent application. The above is only a statement of University policy on IPR of students and is in no way to be construed as forming any part of the Terms of the relevant assignment.

UNIVERSITY OF ABERDEEN STUDENTS - INTELLECTUAL PROPERTY RIGHTS
1. These Terms and Conditions shall govern the relationship between the University and its Students regarding Intellectual Property Rights arising in the course of, in connection with, or incidental to the Student's course and studies at/with the University. For the avoidance of doubt, these Terms and Conditions shall be of contractual effect between the University and the Student regarding their subject matter and will supersede any other contractual relationship existing between the University and the Student, which will not otherwise alter the contractual or non-contractual position of the University and the Student vis a vis each other, as the case may be. 2. The Student undertakes and agrees with the University that all Intellectual Property Rights whatsoever arising in the course of, in connection with, or incidental to the Student's course and studies at/with the University shall be automatically assigned and/or deemed to be automatically assigned to the University on their arising. "Intellectual Property Rights" shall include, but shall not be limited to, patent rights, plant breeders' rights, trade and service mark rights, rights in names, copyright and registered and unregistered design rights and shall include joint and/or common intellectual property rights. 3. The Student shall notify Research and Innovation (as fully as may be required by the University) in writing, in the first instance through his/her supervisor, of any matters within his/her course and studies in connection with which significant Intellectual Property Rights have arisen or might reasonably be anticipated to arise. 4. The Student shall keep confidential and shall not use or disclose, except with the consent of the University, all Intellectual Property Rights arising, assigned or deemed to be assigned to the University and all information obtained by the Student in association with the Student's course and studies at/with the University for a period of 5 years after the termination of his/her studies at the University. 5. Upon completion of the Student's course and studies at/with the University and in the absence of further agreement between the Student and the University, the Student shall immediately return to his/her supervisor any and all laboratory notebooks, record books, materials and other information disclosed to the Student by the University during the Student's course and studies and shall cease all use and make no further use of such books, materials or information. Such return shall not affect the obligations of confidentiality and non-use undertaken by the Student hereunder. 6. The Student shall assist the University and do all things, including the executing of all documents (which may or may not contain appropriate warranty provisions at the University's discretion), at the University's cost, as may be required by the University in order to secure for the University the full benefit of and beneficial and legal ownership of Intellectual Property Rights assigned or deemed to be assigned to the University's provided that the University shall be primarily responsible for securing to itself such benefit and beneficial and legal ownership. 7. Any income arising from the assignation or deemed assignation of any Intellectual Property Rights to the University shall be shared on an identical basis to that currently in place under the "Guidelines for Academic Staff Performing Contract Research, Consultancy and other Similar Work" at the date of signing of this agreement. 8. The Student shall notify Research and Innovation in writing (as fully as may be required by the University), in the first instance through his/her supervisor, of any arrangements entered into by the Student with third parties, including sponsors, prior to the commencement of the Student's course and studies, which might reasonably be anticipated to affect the University's rights to any Intellectual Property Rights arising in the course of, in connection with or incidental to the Student's course and studies at/with the University and shall notify the University in advance of any such arrangements as may be proposed to be entered into following the commencement of the Student's course and studies, and the Student shall not enter into any such arrangements without the prior consent in writing of the University. 9. This agreement is governed by the Law of Scotland.

I have read over, and fully understand this agreement and the attached policy document "Assignment of Intellectual Property Rights by Students". I hereby accept and agree to the above Terms and Conditions of the University.

Name.................................................................................... Signature ........................................................................................ Discipline............................................................................. School Main Supervisor......................................................................Date ........................................................................................ ........................... .............................................................