There are several aspects related to the intellectual and industrial property of the academic work that the student of the UPC must be very present before carrying out any act of dissemination or exploitation of them.
| Industrial property | "set of exclusive rights that protect both the innovative activity manifested in new products, new procedures or new designs, such as commercial activity, through the exclusive identification of products and services offered on the market" [Patent and trademark multimedia guide] |
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| Intellectual property | "property integrated by rights of personal and patrimonial nature 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 the Law" [art. 2 LPI] |
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 within 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 irrevocable and inalienable rights of the author, among which there is the right to be recognized as such and the right to prevent modifications of his work that are detrimental to his own legitimate interests. |
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| Exploitation rights |
The exclusive exercise of operating rights It corresponds to the author who, unlike moral rights, can transfer them to third parties (with or without exclusivity). Therefore, only one alien work can be exploited with the consent of its author and / or holder of rights, or when the exceptions contained in the same law allow it. 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 mentioned articles of the regulation UPC are:
| Industrial property |
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| Intellectual property (copyright) |
The authors of the academic works that hold intellectual property are who can reproduce, distribute, publicly communicate, transform and / or transfer their exploitation rights to third parties. However, any act of exploitation can only be carried out provided that 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 related articles of the Academic regulations of the doctoral studies of the UPC are:
| Protection process |
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| Institutional deposit |
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Some important aspects to remember in relation to the mentioned articles of the regulation UPC are:
| Industrial property |
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|---|---|
| Intellectual property (copyright) |
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Although the acts of exploitation that can be made of a work (reproduction, distribution, public communication and transformation) belong originally to the author, it can be ceded to third parties with or without exclusivity provided they do not have aspects of industrial property that prevents it.
| Non-exclusive assignments | Cessions that allow the recipient (cessionary) to use the work according to the terms of the assignment and in concurrence with other assigners as well as with the transferor himself. Your right is unmissable. |
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| Cessions in exclusive | Assignments that attribute to the recipient (cessionary) the right to exploit the work with the exclusion of another person (including the same assignor) and, unless otherwise agreed, the right to grant non-exclusive authorizations to third parties. |
In order to facilitate the use of the works deposited in UPCommons o a TDX, students can grant type-use licenses "copyleft". In this way, users will know the specific uses they can make of the works without having to ask permission to the corresponding authors.
One of the most recently used license models is the one that drives the Creative Commons Foundation.
In the specific case that you want to publish a job already deposited, it could only be a problem if the recipient of the rights (publisher) did not accept the previous dissemination of the original work ("preprint"). However, it should be noted that:
If the work is finally published, it must be kept in mind that the rights assignment contract or the publisher's publishing rules must specify whether the assignment is exclusive, what specific rights the author assigns, and the duration and scope territorial
If the transfer agreement or publication regulations do not specify this data, the assignment is limited to 5 years, in the country in which the transfer is made, and to the types of exploitation that are indispensable for the fulfillment of the contract.
Before accepting any publication offer of a publisher, the author must be informed about his credibility and legally consult before signing any type of editorial 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 to find information about the usual practices of these publishers:
According to theOrder of the Minister of Culture of 15 of October of 1992 , by which approve the general criteria ofevaluation and selection of documentation and the corresponding proposal model, "we have to keep the documents that contain significant data on the sciences and techniques." Within this assumption, the final studies of the University are contemplated.
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:
