INTELLECTUAL PROPERTY

Intellectual property of academic works UPC

Academic work UPC: infographicsThere 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]
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]

By agreement CG / 2019 / 05 / 10, of 8 of October of 2019, of the Council of Government, the procedure of prevention and detection of plagiarism of the academic works object of academic evaluation to the UPC (TFG, TFM or doctoral theses):

Procedure for the prevention of plagiarism in the UPC

We offer you various tools to avoid plagiarism in your work:

Avoid plagiarism

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.
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.

  • When do one invention derived from the contents of an academic work, it must be subject to confidentiality until the corresponding invention has been protected.
  • The final degree works (TFG), final master's projects (PFM), doctoral dissertations or other academic works are works Intellectual property object, that is, copyright.
  • The Copyright are grouped mainly in: moral rights i operating 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.
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:

  • 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 ...).

As established by Regulations on the industrial and intellectual property rights of the UPC:

Industrial property

  • It corresponds to the Student of the UPC the ownership and rights of exploitation of the Inventions that it has developed in the framework of an academic activity.
  • In the case of Inventions made by the Student of the UPC Together with the UPC, the ownership and exploitation rights of the Invention correspond to the Student of the UPC and to the University, in the proportion that corresponds to them by attending the significant and original intellectual contribution of each one of the inventors in their development.
  • In both cases, the UPC You have reserved a right of use for academic, teaching and research activities on Inventions, although the inventor can revoke it at any time by submitting a request in writing to the UPC, in which he has to set out the reasonable reasons why he decides to revoke this right [art. 4.1.1.].
Intellectual property (copyright)
  • It corresponds to the Student of the UPC the authorship and the ownership and rights of exploitation of the Works it has developed in the framework of an academic activity.
  • In the case of Works resulting from work carried out by the Student of the UPC Together with the UPC, the responsibility corresponds so much to the Student of the UPC like the staff of the UPC, and the ownership of exploitation rights corresponds to the Student of the UPC and to the University, in the proportion that corresponds to them by attending to the significant and original intellectual contribution of each one of the authors in their development.
  • In both cases, the UPC You have reserved a right of use for academic, teaching and research activities on the Work, although the author can revoke it at any time by submitting a request in writing to the UPC, in which he has to set out the reasonable reasons why he decides to revoke this right [art. 4.1.2].
Assignment of rights
  • The Student of the UPC and the University may agree to the assignment of exploitation rights on the Student Results 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 agreement of transfer, in which the compensation that corresponds to the Student of the UPC [art. 4.2].
Co-ownership agreement
  • In case of co-ownership between the Student of the UPC and the University, both parties must subscribe to a co-ownership agreement, in which the regime for the protection and exploitation of the Results must be established, and the rights and obligations corresponding to each party, taking into account their participation in the Results [ art. 4.3].

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
  • The development of a research project by members of the university community in the framework of its activity at the UPC, in collaboration or at the request of third parties, irrespective of the branch of knowledge to which it refers, it requires the previous subscription of the corresponding R & D agreement, collaboration agreement or contract of works commissioned by Scientific, technical or artistic character or technical support, as the case may be, in the terms established by the internal regulations of the UPC that is applicable [art. 6.1.]
Ownership of rights
  • The system of ownership of rights over the results obtained in the framework of the execution of the corresponding agreement or contract, as well as the distribution of exploitation rights derived therefrom, must be provided in the agreement or contract [art. 6.2]
  • In carrying out these activities and negotiating agreements or contracts, the rights that may correspond to the UPC by virtue of the present Regulations [art. 6.3]

Some important aspects to remember in relation to the mentioned articles of the regulation UPC are:

Industrial property
  • If the student wishes to create an invention derived from his work, he should communicate to the University his interest in the possible protection of the same. This communication should be prior to the public defense of the work, which will guarantee the confidentiality of its content by the author or of any other person (for example, the members of the evaluating court).
  • It must be kept in mind that confidentiality is essential to request the 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 grants him exclusive rights for a period determined "[Cercaterm].
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:

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

As established by Regulations on the industrial and intellectual property rights of the UPC:

Industrial and intellectual property
  • "The authorship of a doctoral thesis corresponds to the Doctoral Doctorate. By agreement with him Royal Decree 99 / 2011, of 28 of January, by which regulate the official educations of doctorate, the doctoral thesis, once approved, is published by the UPC in electronic format opened in an institutional repository, without the author being able to oppose it, except in exceptional circumstances provided for in the applicable regulations.
  • Before the institutional deposit of the thesis, the PhD student must complete the declaration model that can be found on the web page of the doctoral thesis.Doctoral School.
  • If, when doing the doctoral thesis, a new result has been developed, the exploitation rights on this Outcome correspond to the Doctorate or Doctorate, except when generating it has contributed actively. UPC, case in which the UPC You have the right to participate in the exploitation rights of the Result in the proportion that corresponds to you according to the participation of your staff in obtaining the Result.
  • If the Doctor or Doctorate develops these activities in the framework of a labor relationship with the UPC, the regime applicable to the Results is the one that is foreseen for the Results generated by the Personnel of the UPC (article 3) [art. 7.4].
Agreements with third parties
  • Industrial PhD students. The agreements that the UPC subscribe with companies or collaborating entities and the doctoral student to carry out industrial doctoral projects in the company or collaborating entity must expressly foresee the system of attribution of the Results that can be generated [art. 7.5]

Other related articles of the Academic regulations of the doctoral studies of the UPC are:

Protection process
  • In exceptional circumstances, such as the participation of companies in the preparation of the thesis, the existence of confidentiality agreements with companies or the possibility of generating patents related to the content of the doctoral thesis, you can request a A specific procedure that ensures that these aspects are not published in the act of defense and in the filing of the doctoral thesis in institutional repositories.

  • The doctoral student must request expressly 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 Doctorate School enacts the appropriate procedure to ensure that these are not published Aspects during the defense, as established in section 10.3 [...] [art. 15.1]
Institutional deposit
  • In order to promote the visibility of the theses and increase the impact index of the authors' citation, once the doctoral thesis has been evaluated, it is published in the respective institutional repositories of open access of doctoral theses of the UPC (UPCommons) and of the Catalan universities (TDX).
  • To this end, the author must sign the declaration of responsibility and corresponding regulation of rights, as well as the other broadcast authorizations that apply, which the corresponding management unit must deliver at the moment to deposit the thesis
  • If the thesis contains confidential aspects or if the author has signed a contract or has made a commitment with a publication to which his rights are granted, 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]

Some important aspects to remember in relation to the mentioned articles of the regulation UPC are:

Industrial property
  • In order to enforce the regulations UPC, doctoral theses that have confidentiality agreements with companies or on whose content it is possible to generate patents, must submit to the academic committee of the corresponding doctorate program the documentation that certifies it, as it is Details on the website of theSchool of Doctorate of the UPC.
Intellectual property (copyright)
  • Since the exclusive owner of the exploitation rights of the thesis remains the author, only he can do any other act of exploitation or assignment of rights, such as translating the thesis, publishing it with Merchandise objectives or 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 will not be disseminated in the following cases:

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

    • A patent can be requested that falls on the contents of the thesis.

    • There are existing confidentiality agreements with third parties (for example, companies or publishers)

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.
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.
  • When a student author of an academic work disseminates his work to UPCommons, he is giving his right to public communication to the university in a way not exclusive
  • This means that the university is only authorized to publish the work in the own deposits, while the student remains the exclusive owner of the rights that, as such, can do any other act of exploitation or assignment of rights. For example, the work author is the only person who can translate the work, publish it with sales objectives or grant a license Creative Commons.

In order to facilitate the use of the works deposited in UPCommons o a TDX, students can grant one of the six licenses for use Creative Commons. In this way, users will know the specific uses they can make of the works without having to ask permission to the corresponding authors.

Work with a CC license

The author allows specific uses of his work to be made, 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 publicly communicate them.
  • Depending on the license chosen, the author can also allow the commercialization and / or creation of derivative works (translations, etc.).
  • The user always mentions and recognizes the authorship, as well as providing a link to the original CC license in case the work is reused or disseminated.
Work without CC license

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 existing legal exemptions (such as private copying or appointment right), reproduction, distribution, public communication or transformation of the work is prohibited.
  • The user of the work that wants to make any use not contemplated as a legal exemption, should contact the author and / or owner of the rights to request permission.

More information

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:

  • Many publishers and magazines accept the institutional repository of "preprints."
  • In any case, the publication of the work in the institutional repository of the university increases its accessibility and international visibility, as shown by the large number of companies and researchers who want to contact the students after they have deposited their work. For example, this is the case with some publishers who have shown interest in publishing a book after having consulted the original work on the deposit.

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:

  • The publisher contacts the authors (usually by email) and offers them the publication of their works for free, but this publication is based on an on-demand printing model that is limited to the reproduction of academic works, without any type of review, analysis or any other editing task on its part.
  • Buyers believe that they are buying a published book, but in reality it is a mere reproduction of an academic work that has only been added to a cover and, in many cases, can be found in free access to deposits or on the websites of the universities.
  • The work enters the publishing circuit and the author only charges if there is a minimum demand for impressions. Therefore, the publisher does not do any type of job nor does he run any economic risk.
  • This type of publication does not give the recognition or the prestige desired, but quite the opposite.
  • If the author grants exclusive rights to exploit the work in a publisher such as this, he may not publish it with other prestigious publishers (which would provide editorial and scientific value).

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:

  • The works that can not be consulted online, through the institutional repository UPCommonsThey will be able to check the depositary library or to the Archive of the educational center (if the library does not have any copies in its background).
  • Excluded from this public consultation works whose content may affect the confidentiality or industrial property from third parties.

Last update: 15 / 10 / 2019