POLICY: Student Protection Policies - Student Intellectual Property Policy POLICY URL: https://lsi-ac.uk/policy/96a893f1-39c3-482d-8908-070bfb32d52d POLICY STATEMENT: The School is committed to fostering a supportive and equitable environment for intellectual property (IP) creation and management. Our Student Intellectual Property Policy ensures that IP rights are clearly defined, respecting the contributions of students while promoting fairness. The policy outlines IP ownership, licensing procedures, disclosure requirements, and conflict of interest guidelines, balancing innovation with transparency and fairness. POLICY PRINCIPLES: ------------------ - Ownership : Clarifying the ownership of intellectual property created by students; - Fairness : Ensuring fair treatment of all parties involved in the creation and use of intellectual property; - Transparency : Providing clear information and guidelines on IP rights and processes; - Respect : Valuing and respecting the intellectual contributions of students; - Innovation : Encouraging and supporting student innovation and creativity; - Collaboration : Promoting collaborative endeavours while protecting individual IP rights; - Recognition : Acknowledging and crediting student contributions to IP; - Equity : Applying the policy equitably across all disciplines and forms of IP; - Education : Educating students about IP rights and responsibilities; - Ethics : Maintaining ethical standards in the management and use of student IP; - Protection : Safeguarding the IP of students against unauthorised use; - Encouragement : Inspiring students to engage in activities that may lead to the creation of IP. REGULATORY CONTEXT: ------------------ This Policy has been developed in line with the applicable laws, regulations, regulatory advice, and sector best practices, including the following: R1. Quality Assurance Agency (QAA): Advice - Enabling Student Achievement - R2. Competition and Markets Authority (CMA): Higher education: guide to consumer rights for students - This guide outlines students' consumer rights and explains what higher education providers must do to meet their obligations under consumer protection law. R3. Quality Assurance Agency (QAA): The Quality Code - This code represents a shared understanding of quality practice across the UK higher education sector, protecting public and student interests and championing the UK's reputation for quality. R4. Office for Students (OfS): Regulatory framework for higher education in England - This framework outlines OfS' primary aim to ensure positive outcomes for students, including access, success, and progress in higher education. It covers quality academic experience, progress into employment, and value for money. METRICS AND KPIS: ------------------ The following metrics will be measured and regularly reviewed as key performance indicators for the School to ensure the effectiveness of this policy and associated operations: M1. IP Ownership Clarity: Percentage of students who understand their IP ownership rights, measured by annual survey results, with a target of 90% clarity by the end of the academic year. Ensures that students are well-informed about their rights, which helps in preventing disputes and aligns with the policy’s aim of clarity and fairness. M2. Number of IP Policy Queries Resolved: Number of queries or concerns related to the IP policy resolved by the support team, with a target of 95% resolved within 10 business days. Ensures that all questions about the IP policy are addressed promptly, maintaining clarity and support for all stakeholders. M3. Resolution Rate of IP Conflicts: Percentage of IP conflict cases resolved within the stipulated timeframe. Measures the efficiency of conflict resolution processes, supporting the policy’s goal of fair and prompt resolution. M4. Student Satisfaction with IP Management: Percentage of students satisfied with the IP management process, as measured by annual surveys, with a target of 90% satisfaction. Measures how well the policy meets students' needs and expectations, reflecting its effectiveness in creating a supportive environment. SECTION 1: Understanding Intellectual Property ------------------ 1.1. Definition of Intellectual Property: Intellectual Property (IP) refers to creations of the mind, which may include:; Copyright : Original literary, artistic, musical, and other creative works; Patents : Inventions that are new, involve an inventive step, and are capable of industrial application; Design Rights : Both registered and unregistered designs that protect the visual appearance of products; Trade Marks : Signs, symbols, logos, or names used to distinguish goods or services; Confidential Information : Trade secrets and sensitive information not publicly disclosed; Software : Computer programmes and digital applications; This definition encompasses all forms of IP resulting from your innovation and creativity, ensuring clarity on what constitutes IP for the purposes of this policy. SECTION 2: How do IP Rights Arise ------------------ 2.1. Arising of Intellectual Property Rights: Intellectual property (IP) rights arise in several ways, including:; Automatically: Certain IP rights, such as copyright and unregistered design rights, are granted automatically upon the creation of the work; Through Formal Registration: Other IP rights, including patents, trade marks, and registered design rights, require formal registration with the appropriate authorities to be protected; This rule ensures that IP rights are recognised whether they arise automatically from creation or through formal registration, covering all potential methods of establishing IP rights. SECTION 3: Student Intellectual Property Ownership and Exceptions ------------------ 3.1. Student Ownership of Intellectual Property (by Executive Committee): The assumption is that students will own any intellectual property (IP) created during their time at the School, except in the following cases:; When the IP is created using more than minimal School resources;; When the IP results from a project funded by the School; or; When there is a written agreement where the student has freely and knowingly assigned IP rights to the School; This rule clarifies that students generally retain ownership of IP they create, with specific exceptions where the School may claim ownership due to significant use of resources, funding, or formal agreements. 3.2. Education and Awareness (by Director of Education): The School shall provide comprehensive education and awareness programmes for students regarding intellectual property (IP) rights. This will include workshops, resources, and guidance on how to protect their work and understand their rights. The programmes will cover key topics such as copyright, patents, trade marks, and confidentiality, ensuring that students are well-informed about their IP rights and the legal frameworks governing them; This rule fosters a culture of awareness and respect for intellectual property within the School. By providing educational resources and workshops, students are empowered to protect their creations and navigate the complexities of IP law, in compliance with English law. This proactive approach promotes innovation while safeguarding the rights of students and enhancing their understanding of the value of their intellectual contributions. SECTION 4: Collaborative Projects ------------------ 4.1. IP Rights (by All Staff and Students): In collaborative projects involving multiple students, partnerships with staff, external organisations, or other institutions, the ownership of intellectual property (IP) shall be clearly defined through written agreements prior to the commencement of the project. These agreements must specify the contributions of each party and outline the allocation of rights and ownership of any resulting IP. The agreements should also include provisions for the use, management, and commercialisation of the IP by all parties involved; This rule ensures that all parties have a clear understanding of their rights and responsibilities regarding intellectual property arising from collaborative efforts. By establishing agreements in compliance with English law, the School safeguards the interests of students, staff, and external partners, fostering a collaborative environment that encourages innovation while protecting the ownership and commercial potential of the created IP. SECTION 5: Resolution of Intellectual Property Disputes ------------------ 5.1. Resolving Disputes Over Intellectual Property Ownership (by Students): In case of a dispute over intellectual property (IP) ownership, students should first follow the complaints process outlined in the School’s regulations and policies. If internal complaints channels are exhausted, both parties must submit the matter to mediation by a mediator appointed by the Centre for Effective Dispute Resolution (CEDR); This rule ensures that disputes over IP ownership are resolved through the School's internal procedures first and, if necessary, through external mediation, providing a structured approach to dispute resolution. SECTION 6: Intellectual Property Licensing Arrangements ------------------ 6.1. Use of Intellectual Property Owned by the School (by Executive Committee): When intellectual property (IP) rights vest in the School, the School has the rights to use, control, license, and commercialise the IP. The student is granted a worldwide licence to copy, adapt, make available, or otherwise use the IP solely for non-commercial purposes; This rule ensures that the School can fully exploit and manage IP it owns while providing students with a global licence to use the IP for non-commercial activities, clarifying the scope of permitted use. 6.2. Use of Intellectual Property Owned by Students (by Students): When intellectual property (IP) rights vest in the student, the student has the right to use, control, license, and commercialise the IP. However, the student must grant the School a royalty-free, worldwide licence to copy, adapt, distribute, or otherwise use the IP for any School-related business; The School can provide support, including business development advice, legal assistance, and guidance on protecting IP rights; This rule enables students to fully manage their intellectual property, including commercialisation, while ensuring that the School retains a free licence to use the IP for its operational needs. By providing a clear disclosure process and support for commercialisation, the School encourages innovation while complying with English IP law and ensuring that both parties' interests are protected. SECTION 7: Requirements for Recording and Reporting Intellectual Property ------------------ 7.1. Recording and Disclosing Intellectual Property (by Students): All intellectual property (IP) arising under this section must be recorded and disclosed to the School promptly; This rule ensures that the School is informed of all IP developments in a timely manner, maintaining transparency and allowing the School to manage and protect its interests effectively. SECTION 8: Disclosure of Conflicts Pertaining to Intellectual Property ------------------ 8.1. Disclosure of Conflicts of Interest (by All Staff and Students): All conflicts of interest that could impact the commercial or other value of intellectual property (IP) must be disclosed by relevant parties as soon as possible; This rule ensures that any potential conflicts affecting the value of IP are identified and reported promptly, maintaining transparency and protecting the integrity of IP management. SECTION 9: Safeguarding and Confidentiality of Intellectual Property ------------------ 9.1. Protection and Confidentiality of Intellectual Property (by All Staff and Students): The School and students must not engage in any actions that undermine the intellectual property (IP), including patents, commercial value, or trade secrets. Both parties are required to keep all matters related to IP confidential. Students must take necessary precautions to protect their ideas prior to formal disclosure, such as using non-disclosure agreements (NDAs) and marking documents as confidential; This rule ensures the protection of IP and its associated value by preventing actions that could harm its integrity or commercial potential, while maintaining confidentiality. By establishing confidentiality requirements and outlining steps for protecting ideas, the School promotes an environment of trust and innovation, fully complying with English law regarding intellectual property rights and confidentiality obligations. SECTION 10: Compliance with Legal and Regulatory Frameworks ------------------ 10.1. Commitment to Legal Compliance (by Executive Committee): The School’s Intellectual Property Policy shall comply with all relevant English laws and regulations governing intellectual property, including those related to copyright, patents, trade marks, and any applicable School regulations. The policy will be reviewed regularly to ensure ongoing compliance with legal standards and best practices in the management of intellectual property; This rule ensures that the School operates within the legal and regulatory frameworks established in England and Wales, thereby protecting both the institution and its students from potential legal disputes. By adhering to relevant intellectual property laws, the School reinforces its commitment to ethical practices and the responsible management of intellectual property rights, fostering a secure environment for innovation and creativity.