Results Susceptible of protection for industrial property rights (among others: patents, industrial designs, utility models, etc.).

Results susceptible to protection by intellectual property rights (including, among others, the software).

The exclusive exercise of operating rights corresponds to the author who, unlike moral rights, may assign 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 contained in the same law. These rights are:

• Right of reproduction: copy of the work (photocopy, scanning ...)
• Right of distribution: delivery of physical copies of the work (loan, rental, distribution of copies ...)
• Right of public communication: dissemination of works without delivery of physical copies (publication on websites or intranets, screening of films or presentations, broadcasting of musical works ...)
• Law of transformation: creation of derivative works (translations, children's adaptations ...).

• The student is responsible for the ownership and exploitation rights of the inventions that he has developed within the framework of an academic activity.

• In the case of inventions made by the students of the UPC together with staff from the UPC, the ownership and exploitation rights of the invention correspond to the student and to the University, in the proportion that corresponds to them taking into account the significant and original intellectual contribution of each one in the development of the invention.

• In both cases, the UPC has reserved a right of use for academic, teaching and research activities on inventions, although the inventor may revoke it at any time by submitting a written application to the UPC, in which he has to set out the reasonable reasons why he decides to revoke this right [art. 4.1.1.].

• Corresponds to the student of the UPC the authorship and ownership and exploitation rights of the works he has developed within the framework of an academic activity.

• In the case of works resulting from works developed by the students of the UPC together with staff from the UPC, the authorship corresponds to both the student and the staff of the UPC, and the ownership of the exploitation rights corresponds to the student of the UPC and to the University, in the proportion that corresponds to them taking into account the significant and original intellectual contribution of each one in the development of the work.

• In both cases, the UPC reserves the right to use it for academic, teaching and research activities on the work, although the author may revoke it at any time by submitting a written request to the UPC, in which he has to set out the reasonable reasons why he decides to revoke this right [art. 4.1.2].

• The student and the University may agree to the assignment of the exploitation rights on the results of the student in favor of the UPC, in order that the University is in charge of the tasks of protection and exploitation.

• In this case, the student of the UPC and the University must sign an assignment agreement, in which the compensation corresponding to the student must be established [art. 4.2].

• In case of co-ownership between the student of the UPC and the University, both parties must sign a co-ownership agreement, which must establish the regime of protection and exploitation of the results, and the rights and obligations corresponding to each party, taking into account the participation of each in the results. [art. 4.3].

• The development of a research project by members of the university community in the framework of its activity in the UPC, in collaboration or on behalf of third parties, regardless of the branch of knowledge to which it belongs, requires the prior signing of an R&D agreement, a collaboration agreement or a contract works of a scientific, technical or artistic nature or of technical support, as the case may be, in the terms provided for by the internal regulations of the UPC which is applicable [art. 6.1.].

• The system of ownership of the rights to the results obtained in the framework of the execution of the corresponding agreement or contract, as well as the distribution of the exploitation rights deriving from them, must be provided for in the agreement or contract [art. 6.2].

• When carrying out these activities and negotiating agreements or contracts, the rights that may correspond to the UPC under the Regulations [art. 6.3].

• In the event that the TFG/TFM contains information and/or documentation of a confidential nature or aspects that affect the protection of intellectual and/or industrial property rights, it must be brought to the attention of the court, before it is taken carry out the public defense of the work, so that it can establish the necessary mechanisms to ensure the non-publicity of these aspects. [...].

• The student can request the confidentiality of the work to the professor responsible for the direction, coordination or tutoring of the TFG/TFM or to the speaker, in case the project is developed in a company. This request must include an end date (with a maximum period of 5 years, as a general rule) and documentation that justifies it such as, for example, the confidentiality agreement between the company and the UPC. [...]. The professor or the speaker can also directly propose the confidentiality of the work to the management of the center [...].

• If the end date of the confidentiality exceeds 5 years, the documentary justification must also include this aspect and that there is explicit authorization from the centre's management.

• The TFG/TFM are deposited in UPCommons in open access. Authors may apply a Creative Commons license, with which they specify the conditions of use they authorize for their work.

• Open access publication a UPCommons of the TFG/TFM does not imply any transfer of the exploitation rights of the TFG/TFM to the UPC.

• Authors may object to the access, consultation and loan of the TFG / TFM when their rights to privacy, honor and / or image are violated, or when confidentiality obligations assumed by the TFG / TFM are violated. author, when documented, in accordance with section 3.1.5 of these regulations [...].

• In the event that confidentiality obligations are violated or that the author or the director plans to publish a part of the TFG/TFM document in an article or scientific congress that does not allow its prior dissemination, it will apply a maximum period of 5 years of embargo in the TFG/TFM, which, once this period has passed, is published in open access.

• They will also be excluded from publication in open access to UPCommons those TFG / TFM that contain unauthorized personal data

• Right of revocation: authors can request, in a justified way, the modification of the publication regime of the TFG/TFM from open to restricted access or vice versa. In the first case, the request must detail the reason (the TFG/TFM contains information and/or documentation of a confidential nature or aspects that affect the protection of intellectual and/or industrial property rights, the need of establishing an embargo on open access publication to ensure compliance with confidentiality obligations, vulnerability of the right to honor, etc.). To process this request, you must complete the corresponding form of the Electronic Headquarters UPC.

• If the student wants to create an invention derived from his work, he should communicate to the University that he has an interest that it be protected. This communication should be prior to the public defense of the work, which allows to guarantee the confidentiality of the content by the same author or any other person (for example, the members of the evaluation panel).

• It should be kept in mind that confidentiality is essential to apply for a patent for a future invention, "a document that guarantees the enjoyment of the industrial property of an invention to the beneficiary who registers it and which grants exclusive use rights for a period determined" [Cercaterm].

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:

• The work does not violate the intellectual property rights of third parties.
• There is no agreement or contract signed with third parties whose conditions prevent its exploitation. For example, this would be the case of a TFG subject to confidentiality because it is required by the company where it was made, which is detailed in the corresponding agreement.

• The authorship of a doctoral thesis corresponds per se to the doctoral student.

• D'accord amb el Royal Decree 99/2011, of 28 January, which regulates official doctoral studies, the doctoral thesis, once approved, is published by the UPC in open electronic format in an institutional repository, without the author being able to oppose it, except in exceptional circumstances provided for in the applicable regulations. 
   
• If a new result has been developed when doing the doctoral thesis, the exploitation rights on this result correspond to the doctoral student, unless a personal contribution from the UPC, case in which the UPC has the right to participate in the exploitation rights of the result in the proportion that corresponds to him according to the participation of his personnel in the obtaining of the result.
   
• If the doctoral student carries out these activities within the framework of an employment relationship with the UPC, the regime applicable to the results is that provided for the results generated by the staff of the UPC (article 3) [art. 7.4].

• Industrial doctoral students: the agreements that the UPC subscribes with collaborating companies or entities and the doctoral student to carry out industrial doctoral projects in the collaborating company or entity must expressly provide for the system for attributing the results that may be generated [art. 7.5].

• In exceptional circumstances, such as the participation of companies in the elaboration of the thesis, the existence of confidentiality agreements with companies or the possibility of generating patents related to the content of the doctoral thesis, a specific procedure to ensure that these aspects are not published in the act of defense and in the archiving of the doctoral thesis in institutional repositories.

• The doctoral student must expressly request the application of this procedure to the academic committee of the program in advance of the deposit, in accordance with what it establishes [art. 10.3].

• In particular cases, determined by the academic committee of the program, such as the participation of companies or the possibility of generating patents related to the content of the thesis, the Doctoral School enables the appropriate procedure to ensure that these are not published. aspects during the defense, as established in section 10.3 [art. 15.1].

• Thesis as a compendium of publications: The publications must be included in a version that allows it to be published openly in public repositories [art. 10.2],

• To promote the visibility of the theses and increase the impact index of the citation of the authors, once the doctoral thesis has been favorably evaluated, it is published in the respective open access institutional repositories of doctoral theses of the UPC (UPCommons) and Catalan universities (TDX).

• For this purpose, the author must sign the statement of authorship and corresponding rights regulation , as well as the rest of the relevant dissemination authorizations, which the corresponding management unit must deliver to you at the time of depositing the thesis.

• If the thesis contains confidential aspects or if the author has signed a contract or formalized a commitment with a publication to which he assigns his rights, the publication of the thesis in the TDX is carried out when the process of protection of the thesis or assignment of copyright [art. 15.4].

• In order to enforce the regulations UPC, doctoral students whose doctoral theses have confidentiality agreements with companies or on the content of which it is possible to generate patents, must present to the academic committee of the corresponding doctoral program the documentation that accredits it, as is detailed on the website of theSchool of Doctorate of the UPC.

• Since the sole holder of the exploitation rights of the thesis remains the author, only he can make any other act of exploitation or assignment of rights, such as, for example, translating the thesis, publishing it with sales objectives or to grant a license Creative Commons.

• The University reserves only a non-exclusive right to communicate publicly to institutional deposits UPCommons i TDX. However, the thesis may not be disseminated in the following cases:

  • The work violates the intellectual property rights of third parties.

  • A patent can be applied for on the content of the thesis.

  • Existing confidentiality agreements exist with third parties (for example, companies or publishers).

The author allows specific uses to be made of his or her work, more permissive than those allowed by the Intellectual property law:

• Any of the existing CC licenses allow users of the works to reproduce, distribute and communicate to the public.
• Depending on the license chosen, the author may also allow the marketing and / or creation of derivative works (translations, etc.).
• The user must always cite and acknowledge its authorship, as well as provide a link to the original CC license in the event that the work is reused or disseminated.

Works without a CC license can only be used according to the one set by the Intellectual property lawl:

• A reservation of rights is established for which, without prejudice to the existing legal exemptions (such as private copying or the right of summons), the reproduction, distribution, public communication or transformation of the work is prohibited.
• The user of the work who wishes to make any unforeseen use of it as a legal exemption must contact the author and / or the person who holds the rights to request permission.