There are several aspects related to the intellectual and industrial property of the academic work that the student of the UPC it must be very present before carrying out any act of dissemination or exploitation of these works.
| Industrial property | "Set of exclusive rights that protect both the innovative activity that manifests itself in new products, new procedures or new designs, and the commercial activity, through the exclusive identification of products and services offered in the market." [Patent and trademark multimedia guide] |
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| Intellectual property | "Intellectual property is made up of personal and patrimonial rights that attribute to the author the full disposition and the exclusive right to the exploitation of the work, without other limitations than those established by law." [art. 2 LPI] |
By means of Agreement CG / 2019/05/10, of 8 October 2019, of the Governing Council, the Procedure for the prevention and detection of plagiarism of the academic works object of academic evaluation in the UPC (TFG, TFM or doctoral theses):
Procedure for the prevention of plagiarism
To prevent plagiarism in your work, we offer several resources at:
You may also be interested in these job creation recommendations: where to start, how to search for information and use what you have found, how to write and present the work, and how it is published once approved:
As established by Regulations on the industrial and intellectual property rights of the UPC:
| Results | Technology, knowledge, know-how, processes and creations that have been generated in the framework of the academic, teaching and research activities of the UPC. |
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| Invention |
Results Susceptible of protection for industrial property rights (among others: patents, industrial designs, utility models, etc.). |
| Work |
Results susceptible to protection by intellectual property rights (including, among others, the software). |
Intellectual property regulates rights over the works, not about them inventions or other search results which can be protected by patents, confidentiality agreements or other industrial property rights.
| Moral rights | A set of inalienable and inalienable rights of the author, including the right to be recognized as such and the right to prevent modifications to his or her work that are detrimental to one's own legitimate interests. |
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| Exploitation rights |
The exclusive exercise of operating rights it is up to the author who, unlike moral rights, may transfer them to third parties (with or without exclusivity). Therefore, a third-party work may only be exploited with the consent of the author and / or the holder of the rights, or when permitted by the exceptions set out in the same law. These rights are:
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As established by Regulations on the industrial and intellectual property rights of the UPC:
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Industrial property |
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| Intellectual property (copyright) |
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| Assignment of rights |
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| Co-ownership agreement |
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On the other hand, as detailed in the following articles of the Regulations on the industrial and intellectual property rights of the UPC, the exploitation of the Work subject to agreements with companies is subject to the clauses that determine the confidentiality and / or ownership of industrial and intellectual property over the results.
| Agreement or contract |
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| Ownership of rights |
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Some important aspects to remember in relation to the articles mentioned in the regulations UPC are:
| Industrial property |
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| Intellectual property (copyright) |
The authors of the academic works holding the intellectual property are those who may reproduce, distribute, publicly communicate and transform them, and / or assign their exploitation rights to third parties. However, any act of exploitation can only be carried out as long as these requirements are met:
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As established by Regulations on the industrial and intellectual property rights of the UPC:
| Industrial and intellectual property |
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| Agreements with third parties |
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Other articles from the Academic regulations of the doctoral studies of the UPC that are related are:
| Protection process |
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| Institutional deposit |
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Some important aspects to remember in relation to the articles mentioned in the regulations UPC are:
| Industrial property |
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| Intellectual property (copyright) |
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Although the acts of exploitation that may be made of a work (reproduction, distribution, public communication and transformation) originally belong to the author, he may transfer them to third parties with or without exclusivity, provided that they do not there are aspects of industrial property that prevent it.
| Non-exclusive assignments | Assignments that allow the recipient (assignee) to use the work according to the terms of the assignment and in concurrence with other assignees, as well as with the person making the assignment. Your right is non-transferable. |
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| Cessions in exclusive | Assignments that give the recipient (assignee) the right to exploit the work to the exclusion of another person (including the person making the assignment) and, unless otherwise agreed, the right to grant non-exclusive authorizations to third parties. |
To facilitate the use of the work deposited in UPCommons and TDX, the student can grant one of the six use licenses Creative Commons. In this way, users know the specific uses they can make of the works without having to ask permission from the corresponding authors.
| Work with a CC license |
The author allows specific uses to be made of his or her work, more permissive than those allowed by the Intellectual property law:
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| Work without CC license |
Works without a CC license can only be used according to the one set by the Intellectual property lawl:
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In the specific case that you want to publish a work already deposited, there could only be a problem if the person receiving the rights (editor or editor) does not accept the prior dissemination of the original work (preprint). However, it should be noted that:
If the work is finally published, it must be borne in mind that the assignment contract or the publisher's rules of publication must specify whether the assignment is exclusive, what specific rights the author assigns, and with what duration and in what territorial scope.
If the assignment contract or the publication rules do not specify this information, the assignment is limited to 5 years, in the country in which the assignment is made, and in the modalities of exploitation that are indispensable for the fulfillment of the contract.
Before accepting any offer to publish from a publishing house, the author must be informed of its credibility and must be legally advised before signing any type of publishing contract.
There are some publishers, called "predators", who carry out very questionable practices from an ethical point of view and scientific rigor:
Here are some links where you can find information about the usual practices of these publishers:
According to theOrder of the Ministry of Culture of October 15, 1992, by which approve the general criteria ofevaluation and selection of documentation and the corresponding proposal model, “documents containing significant data on science and technology must be retained”. This case includes the University's dissertations.
On the other hand, as established by the 10 / 2001 Law, from 13 in July, of files and documents, "The administrations and entities that hold public documents, and specifically the bodies responsible for guarding them, must make possible the access and give a copy or a certificate to the people who in each case have the right. In any case, it is necessary to guarantee the right to personal privacy and the reservation of data protected by law. "
Taking into account these legal norms:
