A Primer on Intellectual Property
As a PhD student, it is likely you will come across certain types of intellectual property, or IP, and perhaps even create your own, depending on the nature of your research. This section will help you understand the basics, including knowing how to differentiate between the main types of IP and how to handle them. If you do find yourself creating IP that you want to exploit or use commercially, you should first discuss it with your supervisor before having a discussion with Cambridge Enterprise. The university's IP policy is such that IP developed by graduate students is usually assigned to the student, barring a few exceptions around sponsorship and collaborative work; section 14 on page 1088 of Chapter XIII of the Statutes and Ordinances (pdf document) has the relevant clauses if you have concerns.
Intellectual Property Types
Copyright
A copyright give sits owner protection over a creative work, in both its copying and distribution; it protects the original expression of the idea or creative work, but not the idea itself, and usually applies to literary, artistic, musical, and educational works but can also extend to software. You will definitely be using and referencing copyrighted material and most likely creating your own, through publications and perhaps more; so do make sure that you don't infringe upon the copyrights of others and also be aware that copyright protection is obtained automatically in the UK upon publication.
Design Rights
A design right, rather than protecting how something works, protects the form or visual appearance of an object. One of the main aspects of design rights is that they are conferred automatically upon publication, though there is still additional protection to be had in registering a design right. Typically, this form of IP is encountered more in design orientated fields, such as fashion, product design, etc., and is less encountered in research but is still worth noting, just in case; as an example, Dyson deliberately makes its vacuum cleaners so distinctive to obtain registered design rights in addition to their patents.
Patents
A patent is protection awarded to an inventor that enables the inventor to prevent others from using the invention in the respective territory of the awarding government. Patents have to be novel, include an inventive step, and have industrial or commercial application. The protection offered by a patent is both regional and limited in its period of protection, after which it can be exploited by anyone. If you create something that might be patentable and that could be commercially exploited, then having a conversation with your supervisor and Cambridge Enterprise would be sensible before disclosing anything publicly.
Proprietary Knowledge
Proprietary knowledge, often called trade secrets, is information or knowledge that is worth protecting and often protected through keeping it secret and avoiding disclosure; one of the most famous examples is the Coca-Cola recipe. A lot of IP will be in this form before formal protection is sought, such as patentable or copyrightable material, and some will remain under lock and key for as long as its owner wishes to exploit it or keep it hidden. The main risk is that if the knowledge is disclosed, then its protection vanishes.
Trademarks
A trademark is a sign, design, or expression that can distinguish the goods or services of one organisation from those of others, for example the Nike logo or the shade of blue used by Tiffany. It is unlikely you will commercialise trademarks during the course of your studies but you may end up using those of sponsors or collaborators.
Navigating Copyright
Given that copyright is the form of intellectual property more commonly encountered, certainly in terms of both using that of others and producing your own, you will need to become more familiar with it, the types of licenses afforded by creators, and how to handle it. This includes the creation of your own copyrighted material, and the relationship between authors and publishers, in addition to how to use the copyrighted material of others in your work. A more expansive guide that covers all of this and more has been provided by the Cambridge Libraries Study Skills team but you can also email the dedicated Copyright Helpdesk or the Legal Services Office should you need more tailored support.
Image credits
Image credits
CC0 by S. Hermann & F. Richter via Pixabay