Download a glossary of terms used in this course.
Creativity and ingenuity play an essential role in our society. Innovative ideas, including those that are generated and validated through academic research, contribute to scientific, cultural and economic development. Intellectual property (IP) rights protect the many expressions of such ideas, providing rules for their ownership, use and protection.
There are a number of different IP rights, which tailor protection to the characteristics of different forms of creativity. For example, literary works (such as the text of an academic article or of a novel) are protected through an IP right –
Continue on to find out more about the IP rights that apply to some items you might find on your desk.
You can sometimes get some help identifying intellectual property: a ® symbol is sometimes used to indicate the presence of a registered trade mark; a ™ symbol usually indicates that a trade mark is unregistered; and a © symbol indicates copyright protection (but be careful, since the absence of these symbols does not indicate the absence of IP rights). You may also find the number of a patent, or the indication 'patent pending', on objects embodying patented inventions.
In this course, we will look at the following IP rights:
- Patents, for inventions
- Copyright, for a wide range of cultural and artistic works (in the literary, dramatic, musical and artistic domains)
Trade marks , for signs that indicate the commercial origin of goods and servicesDesigns , for the shape or appearance of a productTrade secrets , for information that is commercially valuable due to its secrecy.
It is important to keep in mind some key principles that apply to all IP rights:
- IP protects expressions, not ideas (this is known as the
idea-expression dichotomy ) - Creativity or differentiation is needed for protection (for example, novelty and inventiveness for patents, originality for copyright and distinctiveness for trade marks)
- An awareness of the IP rules for different rights is essential (for example,
disclosure can prevent patentability, while it does not affect copyright protection) - Your student regulations, your employment contract or an institutional IP policy will usually regulate the ownership of IP rights that arise from your research.
Consider the scenarios below. At least one should relate to your disciplinary area (STEM, arts and humanities or social sciences). Consider how IP might be generated in other fields or discipline areas.
STEM
Arts and humanities
Social sciences Scenario 1 (STEM)
Researcher 1: I want to demonstrate that epigallocatechin-3-gallate can reduce plasma levels of adiponectin in humans...
Supervisor: Brilliant! It might lead to an anti-obesity drug in the future. Make sure to patent your invention, if the research is successful. Have you checked our IP policy?
Researcher 1: Finally, I have all my data and have proven my hypotheses.
Researcher 2: Fantastic! So, are you launching a spin-off? Make sure to keep your data confidential until you decide what to do next.
Supervisor: Congratulations on your success! When are you publishing a paper on your invention?
Researcher 1: I can't wait! I'm presenting a paper at an international conference next week.
IP advisor: Wait a second... Have you filed a patent application? You should do that before disclosing your invention to the public.
At the conference presentation:
Researcher 1: ...and these were our results. We have filed a patent application to protect the commercial applications of our invention, but we will publish our data in full to encourage further research.
After the presentation:
Conference attendee: Well done! So, are you a patent owner now?
Researcher 1: According to my contract, the university owns the patent, but I will receive a financial benefit and be recognised as the inventor. Not bad!
Scenario 2 (Arts and humanities)
Supervisor: Excellent work! You should approach a dance company and license them your choreography for performance in theatres.
Researcher 3: That's a brilliant idea, but how do I ensure they respect my rights? I'm concerned about others taking advantage of my work – I've invested so much time and effort in this.
Supervisor: Your answer is copyright. Your dance is a dramatic work, as it is capable of being performed, and copyright has arisen automatically upon fixation in the recording. Moral rights will help you ensure your work is performed as intended.
Researcher 4: These are amazing! Why don't you upload your recording to a social media platform?
Researcher 3: That's a great idea. But there are copyright works involved, including the choreography, the film and the sound recording, as well as the scenery in the background. I should ask for advice from the university.
At a meeting with the technology transfer officer...
Researcher 3: What do I need to think about before I share this on social media?
Technology transfer advisor: First, we need to check our institutional policy to make sure you own the copyright in the choreography. We also need to obtain a licence for the music and the other copyright works in the recording. The dancers have their own performers' rights too. It's complex but we can help you navigate this.
Scenario 3 (Social sciences)
Researcher 5: This topic is so new! I should write a book on it. But will others be able to steal my findings?
Supervisor: Remember, IP protects expressions of ideas, not the ideas themselves. So, yes, others will be able to use your findings, but they will acknowledge where they come from – isn't this what we all do as researchers?
Researcher 5: You're right. And they will not be able to copy my work, as it is protected by copyright.
Researcher 6: I like your work! Your criticism of chaincode-based contracts has given me an idea for an alternative approach...
Researcher 5: Great! Shall we work on it together?
Researcher 6: Without your contribution, I would never have been able to invent this.
Researcher 5: That makes us co-inventors! Let's see if we can get a patent and bring this to market...
As these scenarios show, research across all academic disciplines has the potential to generate valuable IP, in the form of journal articles, books, inventions and more.
How do you think IP (if any) will be potentially generated from your own research? Review the options below and select the items that reflect your opinion. You can select more than one option. Once you have chosen an answer, the answers from other students will display. All answers are anonymous.
How do you think IP (if any) will be potentially generated from your own research? Review the options below and select the items that reflect your opinion. You can select more than one option and there are no right or wrong answers.
It is not always apparent what new IP your Ph.D. may produce, but knowing what the different types are and what that potentially means for you and your institution is key information worth finding out. The items above are discussed in this course, but you can also review the definitions in the course glossary.
Take time to reflect on your research and IP. Do you think you are discovering something new and worthwhile, or producing or creating something that is novel? Are you excited about what you are finding out? If so, you are generating valuable IP that needs protecting. This course will help you to understand what type of IP needs protecting and explains why, when and how to protect your IP.