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3.10 Intellectual property

3.10.1 Organisations and researchers should ensure that any contracts or agreements relating to research include provision for ownership and use of intellectual property. Intellectual property includes, but is not limited to: research data and other findings of research; ideas, processes, software, hardware, apparatus and equipment; substances and materials; and artistic and literary works, including academic and scientific publications.

3.10.2 Organisations and researchers should not give prior disclosure of research or the findings of research when this might invalidate any commercial property rights that could result. Organisations and researchers should recognise, however, that the presumption should be that any intellectual property discovered or developed using public or charitable funds should be disseminated in order to have a beneficial effect on society at large. That presumption may be rebutted where there is an express restriction placed on any such dissemination. Any delay in publication and dissemination pending protection of intellectual property should be kept to a minimum.

3.10.3 Organisations and researchers should comply with any additional conditions relating to intellectual property required by funding bodies.

3.10.4 Organisations should clearly state when their standard guidance might not apply; for example, a university would normally waive copyright of articles prepared for publication in journals or books.

3.10.5 Researchers should try to anticipate any issues that might arise relating to intellectual property at the earliest opportunity and agree jointly in advance how they might be addressed, communicating any decisions to all members of the research team.

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