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: ------------------ The following metrics will be measured and regularly reviewed as 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 the outcomes of your creative and intellectual work, including:; Records, documents, papers, computer software, hardware, or any written material; Artefacts created on paper, electronically, or otherwise; Patentable and non-patentable inventions; Registered and unregistered designs; 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, through the creation of IP; Through formal registration processes; 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; 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. SECTION 4: Resolution of Intellectual Property Disputes ------------------ 4.1. 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 5: Intellectual Property Licensing Arrangements ------------------ 5.1. 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. 5.2. Use of Intellectual Property Owned by Students (by Students): When intellectual property (IP) rights vest in the student, the student may use, control, license, and commercialise the IP. The student must grant the School a royalty-free, worldwide licence to copy, adapt, make available, or otherwise use the IP for any School-related business; This rule allows students to fully manage their IP while ensuring the School has a free, global licence to use the IP for its business purposes, balancing student ownership with the School’s operational needs. SECTION 6: Requirements for Recording and Reporting Intellectual Property ------------------ 6.1. 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 7: Disclosure of Conflicts Pertaining to Intellectual Property ------------------ 7.1. 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 8: Safeguarding and Confidentiality of Intellectual Property ------------------ 8.1. 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. They must also agree to keep all related matters 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.