1. Intellectual Property and the Ownership of Research 6 June 2007 Professor Fiona Macmillan

2. Scope of Intellectual Property Protection Copyright: literary works, dramatic works, musical works, artistic works, films, sound recordings, broadcasts, published editions, performances Copyright: literary works, dramatic works, musical works, artistic works, films, sound recordings, broadcasts, published editions, performances Patents: inventions displaying novelty, inventive step and industrial applicability Patents: inventions displaying novelty, inventive step and industrial applicability Confidential information: eg trade secrets, technical information Confidential information: eg trade secrets, technical information

3. Key Features of Intellectual Property Limited monopoly Limited monopoly Intangible property Intangible property Non-rivalrous and non-wasteable qualities Non-rivalrous and non-wasteable qualities Ownership Ownership Assignment and licensing Assignment and licensing

4. Introduction to Copyright and Moral Rights Subject matter: literary works (including table and compilations and computer programmes, cf Database Right), dramatic works, musical works, artistic works (including drawings, diagrammes, plans, buildings, works of artistic craftsmanship), films, sound recordings, broadcasts, published editions, performances Subject matter: literary works (including table and compilations and computer programmes, cf Database Right), dramatic works, musical works, artistic works (including drawings, diagrammes, plans, buildings, works of artistic craftsmanship), films, sound recordings, broadcasts, published editions, performances

5. Automatic protection: no registration Automatic protection: no registration Idea/expression dichotomy Idea/expression dichotomy Relevance of originality Relevance of originality Independent creation Independent creation

6. Ownership: role of the author; contractual variation; works produced in the course of employment Ownership: role of the author; contractual variation; works produced in the course of employment Duration: usually the authors life plus 70 years; 50 years for computer-generated works, sound recordings and broadcasts; 25 years for typographical arrangements of published editions Duration: usually the authors life plus 70 years; 50 years for computer-generated works, sound recordings and broadcasts; 25 years for typographical arrangements of published editions

7. Infringement: Doing, without the license of the owner, any of the following acts in relation to a substantial part of the work: Infringement: Doing, without the license of the owner, any of the following acts in relation to a substantial part of the work: copying copying issuing to the public issuing to the public renting or lending to the public renting or lending to the public performing in public performing in public broadcasting broadcasting making available to the public making available to the public adapting (including translating) adapting (including translating)

8. Exceptions/defences: eg. fair dealing for research and private study; fair dealing for criticism and review Exceptions/defences: eg. fair dealing for research and private study; fair dealing for criticism and review Interface between breach of copyright and plagiarism? Interface between breach of copyright and plagiarism?

9. Moral Rights Range of rights: right of paternity, right of integrity, right against false attribution, right of privacy in certain photographs and films Range of rights: right of paternity, right of integrity, right against false attribution, right of privacy in certain photographs and films Owned by the author and may be waived but not assigned Owned by the author and may be waived but not assigned Usually last for the period of copyright protection Usually last for the period of copyright protection

10. Patents Scope of right: stops others from making, using, selling, distributing the invention or the means of making the invention for 20 years from the date of grant Scope of right: stops others from making, using, selling, distributing the invention or the means of making the invention for 20 years from the date of grant Registered right: expense; delay; regime for medical applications Registered right: expense; delay; regime for medical applications

11. Right to apply for registration: inventor; inventors employer Right to apply for registration: inventor; inventors employer Requirements for registrability: Requirements for registrability: novelty novelty inventive step inventive step capacity for industrial application capacity for industrial application not specifically excluded from patentability: note especially EU Directive 98/44 on legal protection of biological inventions not specifically excluded from patentability: note especially EU Directive 98/44 on legal protection of biological inventions

12. Specification and claims: full disclosure requirement Specification and claims: full disclosure requirement Infringement: relationship to claims; signpost rather than fencepost approach to construction; colourable evasions of the monopoly right are avoided Infringement: relationship to claims; signpost rather than fencepost approach to construction; colourable evasions of the monopoly right are avoided Defences: Defences: private non-commercial use private non-commercial use experimental use experimental use

13. Breach of confidence Elements: Elements: information with the quality of confidence information with the quality of confidence conveyed in circumstances importing an obligation of confidence conveyed in circumstances importing an obligation of confidence unauthorised use unauthorised use

14. Birkbecks Intellectual Property Code (2005) Applies to staff and students Applies to staff and students Disclaims rights in copyright material, subject to a non-exclusive royalty free right to use/adapt teaching materials for teaching or for commercial purposes Disclaims rights in copyright material, subject to a non-exclusive royalty free right to use/adapt teaching materials for teaching or for commercial purposes Imposes strict regime with respect to attribution of authorship in relation to teaching materials Imposes strict regime with respect to attribution of authorship in relation to teaching materials

15. College has first right of refusal in relation to registered rights College has first right of refusal in relation to registered rights Establishes a scheme for the distribution of benefits from commercial exploitation: Establishes a scheme for the distribution of benefits from commercial exploitation: £000GeneratorCollegeSchool <5075%15%10% >5050%25%25%