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{\Large \bf Amendments to the Grace on IPR}
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{\bf \noindent We the undersigned members of the Regent House propose
that Grace 1 of 5 October 2005 be amended as set out below.}

\vspace*{60ex}

{\large \bf \noindent Amendments (1) -- Draft Ordinance on IPR}

\begin{description}

\item [Regulation 1:] add

`In that case, students and visitors shall acquire not just the same
obligations as staff members but the same rights.'

\item [Regulation 2:] delete ``students or the University, on behalf of,
and with the knowledge of,''. Replace ``or students'' with `students or
visitors'.

\item [Regulation 4:] in first sentence, replace ``research'' with `work', and 
delete ``in accordance with normal academic practice''.

\item [Regulation 6:] delete all and replace with

`By default all intellectual property rights arising from the work of
University staff, students or visitors shall belong to their creators.
This shall include all rights arising automatically, such as
copyright, moral rights and unregistered design rights; and the
initial right to apply throughout the world for patents and for other
types of intellectual property that are dependent on registration,
deposit or grant. Creators shall also retain rights over information,
such as trade secrets and confidential know-how.'

\item [Regulation 7:] delete all and replace with

`The above rights are subject only to the rights of any third parties
which the creators may have previously agreed.'

\item [Regulation 9:] replace ``on the authority of'' with `unless the creators
are specifically instructed not to do so by'; and delete the following
two sentences.

\item [Regulation 10:] replace ``regulation 7'' with `regulation 6'.

\item [Regulation 11:]  delete ``by virtue of Regulations 6-8'' and add, after
``University staff member'', the words `or student'.

\item [Regulation 12:] delete all and replace with

`Where creators have been supported by institutions or funds other
than their department and that lie within the Cambridge community,
including colleges, scholarship funds and funds controlled by research
teams, these institutions or funds shall acquire a pro-rata interest
in any revenues resulting from the exploitation of relevant
intellectual property that would otherwise have accrued to the
department.'

\item [Regulation 14:] after ``interdependent intellectual property'' in 
14(c), add

`he or she will be treated in exactly the same way as a member of
University staff under these regulations.' 

Then delete all text up to and including ``Regulation 15'' at the end
of the following paragraph.

Last sentence of Regulation 14: replace ``it undertakes to provide the
student with'' with the words `the student shall enjoy the same rights
as University staff members under these regulations, including'

\item [Regulation 15:] delete ``a person referred to in Regulation 12'
and add after ``student'', `a visitor or other relevant creator'. Replace
in the next sentence ``staff members, a person referred to in regulation
12 and/or a student'' with `such creators'.

\item [Regulation 16:] add to the second last sentence:

`and also by Regulations 4, 9, 10, 12, 14, 15, and 32-40'.

\item [Regulation 18:] delete all and replace with

`If University staff, students or visitors decide that the results of
their activities should be the subject of commercial exploitation, and
these results include rights to apply for a patent to which the
University is entitled as a condition of research funding, they must
notify Cambridge Enterprise. In the event that they wish Cambridge
Enterprise to be involved in filing a patent application, they must
provide full disclosure of the relevant results, and assist Cambridge
Enterprise in determining who all the creators are and whether any
agreements affect the exploitation. Cambridge Enterprise shall ensure
that students' supervisors and contract researchers' line managers are
aware of a decision to exploit.'

\item [Regulation 19:] delete ``The university staff'' and replace by 

`University staff, students, visitors or other relevant creators who
wish its involvement'

\item [Regulation 20:] delete ``in accordance with regulation 6''

\item [Regulation 21:] delete ``the rights referred to in regulations
6 and 20'' and replace with `its rights to apply for patents'

Add `explicit' before ``contravention'' in the following sentence.

\item [Regulation 22:] after "staff" add

`, students, visitors or other relevant creators'

replace ``of the type referred to in Regulations 6 and 20'' with 

`for a patent'

replace ``University staff'' the second time with `creators'

\item [Regulation 23:] delete last sentence and replace with

`In that case the rights shall revert to the creators with financial
arrangements as in Regulation 21'

\item [Regulation 24:] at both line 2 and line 6 after ``University
staff member'', add

`, student, visitor or other relevant creator'

Third time it occurs, replace ``University staff member'' with `creator'

Delete ``under Regulation 7'' and ``under regulation 6''.

\item [Regulation 25:] delete first paragraph and replace with

`Where the University or its designated nominee receives licensing income
from the commercialisation of intellectual property rights under these
regulations, then by default any direct costs, as defined in the Schedule
to these regulations, shall be deducted and the net revenue shared between
the creators and the relevant University institutions as specified in the
Schedule to these regulations. It shall be open to the creators and 
Cambridge Enterprise to negotiate different terms, for example when the
creators contribute further assets of their own under regulation 24.'

After ``University staff'' in paragraph 2 add

`, students, visitors or other relevant creators'

\item [Regulation 26:]

After ``University staff member'' add

` member, student, visitor or other relevant creator'

\item [Regulation 27:] delete ``in accordance with regulation 7''

After ``University staff member'' add

`, student, visitor or other relevant creator'

\item [Regulation 28:] first sentence, replace ``informal rights referred
to in Regulations 7 and 10'' with `rights not requiring registration'

Delete all text in this Regulation after the second sentence and
replace with

`In every case, such agreements must be made with the explicit written
consent of the creators of such rights. The University may not bind
any staff member, student or visitor to intellectual property
agreements without their informed consent, freely given.'

\item [Regulation 31:] replace ``entitled to use'' with `entitled to make
commercial use of'.

\item [New regulation 40:] add

`Where the University acquires or has in the past acquired intellectual
property rights other than patents (or the right to apply for a
patent) which have arisen from the activities of University staff,
students or visitors as a result of conditions attached to research
funding, or as a result of Grace 6 of 21 March 2001, and these rights
have not been assigned to any third party by virtue of an assignment
notified by the Treasurer to the Finance Committee by the 12th October
2005, the University by virtue of these regulations assigns these
rights back to their creators.

`For the avoidance of doubt, in any case where the University asserts
ownership of intellectual property rights under these regulations for
the purpose of commercial exploitation, it must do so within 30 days
of the creation of those rights or, in the case of registrable rights,
of notification by the creators; or else by virtue of these regulations
it assigns the rights back to the creators.'
\end{description}

{\large \bf \noindent Amendments (2) -- Schedule}

\begin{description}
\item [Royalty income]

From subsections (a) through (c) delete the word ``reasonable'' and add
`that is agreed with the creators or that, should they not be 
contactable in time, is urgent and reasonable in the circumstances'

Subsection (f) - replace "inventor" with creator'

Add before last paragraph the following new paragraph:

`Where colleges or other University institutions have supported the
relevant creation, their pro-rata share in accordance with Regulation
12 shall come from the Department's share in this Schedule.'

In last paragraph, replace `these schedules' with `this Schedule'.
\end{description}
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