Ownership of Intellectual Property

Employees of the University Engaging in Research in UCC

  1. All rights in Intellectual Property devised, made or created by an employee of the University in the course of his or her duties and activities of employment shall generally belong automatically to the University.
  2. If an employee of the University creates Intellectual Property outside the normal course of his or her duties of employment, with a significant use of University Resources, he or she will be deemed to have agreed to transfer the IP Rights in such Intellectual Property to the University as consideration for the use of University Resources. Generally, use of library facilities, facilities available to the general public and occasional use of personal office equipment and office space may not be considered as a significant use.
  3. Intellectual Property, as defined in Paragraph 6.1.1., created in the course of, or pursuant to a sponsored research or other type of agreement with a third party, shall initially belong to the University and then ownership shall be determined according to the terms of such agreements (in accordance with Section 5).
  4. Section 6.1 shall apply to student employees of the University.

Employees of the University Engaging in Research in Other Institutions

Rights related to Intellectual Property that is created during an academic visit by the employee of the University to another University shall be governed by an agreement between the University and the other University (in accordance with Section 4.6.).

Non-employees of UCC

Visiting Researchers are required to transfer to the University any Intellectual Property they create in the course of their activities arising from their association with the University. Such individuals will be treated as if they were University employees for the purposes of this Policy, except in special circumstances.

Students

Students who are not employed by the University shall own all Intellectual Property and associated IP Rights they create in the course of their studies. However, the following exceptions shall apply.

  1. If a student is offered a studentship sponsored by a third party under a separate agreement, under which the third party has a claim on Intellectual Property arising from the studentship, the student must agree that the Intellectual Property shall initially belong to the University and ownership will then be determined in accordance with the terms of the agreement concluded with the third party.
  2. Intellectual Property created by students in the course of, or pursuant to, a sponsored research or other agreement with a third party shall initially belong to the University and ownership will then be determined in accordance with the terms of the agreement concluded with the third party.

  3. If a student creates Intellectual Property with the significant use of University Resources in connection with his or her research activity, he or she will be deemed to have agreed to transfer the IP Rights in such Intellectual Property to the University as consideration for the use of University Resources.

  4. The University shall claim ownership of all Intellectual Property created in the course of postgraduate (doctorate) students’ research activity.

Students shall be given the option to assign IP Rights to the University and shall then be granted the same rights as any employee Inventor as set out in this Policy. In such cases, students should follow the procedures set out in this Policy.

All rights in Copyrighted Works are owned by their creators regardless of the use of University Resources. Copyrighted Works specifically commissioned by the University or developed in the performance of a sponsored research or other third party agreement shall constitute an exception where the provisions of such agreements shall be taken into account.

If the University cannot, or decides not to, exploit any Intellectual Property to which it lays claim, it shall forthwith notify the Inventor(s). The notification shall be made at least one month prior to any act or any intentional omission liable to prevent the obtainment of protection. In such cases, the Inventor(s) shall have the option to acquire related IP Rights; however, the University may claim a share from the income of any subsequent exploitation of the Intellectual Property to the extent equalling the verified expenditures of the University incurred in connection with the protection and commercialisation of such IP. The University may also claim for a perpetual non-exclusive royalty-free license for research purposes without the right to business exploitation and without the right to sub-license. The University may also claim for a percentage between 5-20%, on a case-by-case basis, of any net income generated by the Inventor(s) from the commercialisation of the Intellectual Property. The University shall not unreasonably withhold or delay an assignment of the IP Rights to the Inventor(s).

Requests for any transfer of rights from the University to the Inventors(s) or any other third party shall be made, in the first instance, to the person or unit designated by the University.