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mechmotum / mechmotum.github.io

Source for the TU Delft Bicycle Laboratorium website.
https://mechmotum.github.io
Creative Commons Attribution 4.0 International
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Add a page explanating about IP, NDAs, etc. for companies that work with the lab. #54

Closed moorepants closed 2 years ago

moorepants commented 4 years ago

Here is some info I got from the Valorisation office.

From Irene Otten-Reynhout I.C.Otten-Reynhout@tudelft.nl

Without taking any actions, if a master or bachelor student starts working in your department doing a project (eg part of his thesis project), the IP that the student generates is owned by the student. The student has nu obligations at all (also no confidentiality etc).

As an employee of TU Delft, TU delft owns the IP that the employee generates.

Research projects are often carried out in collaboration with third parties. Agreements concerning IP are prepared by the contract managers. In general: IP belongs to the party that generates the IP. If an employee (eg you) generates results, TU Delft owns this IP. Depending on the contribution of a company he can have certain access rights (eg licence).

Before a specific student project will start, you should always contact Sjoerd/ John and together with them they will have a look what will be the best option:

  1. Signing an NDA
  2. Transfer of his IP rights to TU Delft
  3. Do nothing

What you should not do:

Do not sign NDA’s, contracts etc by yourself. This is not allowed. Only the dean of the faculty is allowed to sign. Therefore, if you receive an NDA (or a company is requesting this), please ask Sjoerd and John

and from Sjoerd van Kesteren s.w.vankesteren@tudelft.nl

In addition to Irene’s e-mail, please note that when it concerns a master graduation project, a mandatory TUD graduation agreement template is to be used (a three party agreement between TUD, company and student). Students can download the draft version from the student portal (a new version is to be released shortly).

The basic principles in the graduation agreement are that the students results are transferred to company. Any results generated by TUD (through e.g. the supervisor) are the sole results of TUD. In case of joint IP of a combination of TUD, the student or the company, TUD is a joint owner. The company will have the possibility to purchase or license TUD’s IP against a market price. TUD does not have any claim to company’s IP.

Furthermore, company may request (and is automatically granted) an embargo for max 2 years. Additionally, an extension of 3 years (so 5 year max) can be requested with TUD’s board of directors (which may grant or deny this in its sole discretion). For sake of completeness, TUD accepts a confidentiality period of max 5 years and confidential information needs to be marked or summarized as such.

moorepants commented 2 years ago

Started #92