Technology & Intellectual Property Lawyers

It is important that the ownership of the research data is clarified before the commencement of the project. The ownership of the data should be recorded via a Research Data Management Plan. 

In general, data will be subject to copyright protection provided it satisfies the threshold requirements. The data must be: 

• In material form.
• Involve intellectual activity.

It should be noted that copyright does not subsist in data generated, compiled, and expressed entirely by machines.

To prevent intellectual property theft, you should: 

• Identify your intellectual property.
• Understand your options as there are different types of intellectual proper, including:
  • Inventions.
  • Design.
  • Trademarks.
• Keep your intellectual property confidential until it is protected.
• Protect your brand by registering and insuring it.
• Be aware of an infringement of your intellectual property rights.

Background intellectual property refers to intellectual property created and owned prior to the date of the agreement. An example of background intellectual property is a researcher may register their intellectual property rights but may also bring other background intellectual property such as existing data, specific know-how and software.

Who owns the intellectual property in a partnership is dependent on whether there is an agreement outlining ownership. If the agreement provides that the intellectual property will be jointly owned, then the parties of the partnership will own the property jointly, alternatively, if there is no agreement outlining ownership, then the parties jointly own the property if it can be shown that they jointly contributed to the creation of the intellectual property.