Phd students and Intellectual Property
Phd students own any right related to any invention they might create and the copyright for any eligible work or computer software.
For collaborative research works the ownership of intellectual property rights may be shared with different researchers/entities involved.
Intellectual property main reference Italian laws are:
- the Italian Code of Industrial Property - Leglislative Decree N°30 of 10 February 2005 (see, in partuicular artt. 64 and 65 about property rights ownership)
- the Law for the protection of copyright (No. 633 of April 22, 1941).
The ownership of intellectual property rights on inventions in scientific research varies depending on the following aspects:
- external funding source of the research project: FP7/H2020/other EU programmes or other (private) entities as in “research contracts with enterprises”;
- collaboration with and/or visiting at other universities or research centres which often imply full acceptnace of intellectual property rules;
- third funding parties intellectual property rules;
- intellectual property rules issued by PhD call for applications or related agreements
Phd students, patent filing and Phd defence thesis
Phd students willing to file a patent have to ascertain that no public disclosure has been made before the filing.
If the filing coincides with the Phd thesis defense presentation, Phd students may ask the evaluators to sign a non-diclosure agreement before accessing the thesis.
Since the thesis defense presentation constitutes public disclosure, it is advisable to close the filing application before the Phd final examination.
Research fellows and Intellectual Property
Research fellows sign an employment contract which regulates also the ownership of research results.
The University of Trento generally owns intellectual property generated by research fellows in compliance with intellectual properties rules placed by the providers of scholarships/research contract.
It is advisable to ensure which specific contract rules apply in each case.
Professors and Intellectual Property
A university professor owns intellectual properties rights on his patentable inventions unless such inventions are linked to externally funded research projects (research contracts, national or international funding programmes as Horizon 2020). In such cases the University owns intellectual properties and shares related royalties with the inventor.
Please see the he University of Trento Patents Regulation (PDF | 90,4 KB) for further important obligations and rights of the University on inventions made by professors and patented autonoumosly by professors (art. 4, comma 2 and 5).
Further details are available at the Patenting dedicated page.