What is Intellectual Property?

Intellectual property (IP) is the tangible result of intellectual or creative activity in the form of novel ideas, information and knowledge. It can include inventions, industrial processes, software, data, written work, designs and images. (The term invention is used more generally to cover all of these aspects of IP.) It is a commodity that can be exploited by licensing, selling or buying.

Gaining legal recognition of IP in the form of intellectual property rights (IPR) is an important part of protecting the exploitation process. IPR can be held in the form of patents, designs, copyright, trademarks, databases and confidential "know-how". The owner of the IPR controls the exploitation process. In the context of NHS and University bioscience research the most important of these categories are probably patents, copyright and know-how.

IP is an important area of law about which the NHS is becoming increasingly aware. IP can be a major asset to an NHS Trust and needs to be protected and valued as such. The Department of Health published 'A Framework and Guidance on the Management of Intellectual Property in the NHS'. This Framework and Guidance became operational along with Section 5 of the Health and Social Care Act on 9 September 2002. The Guidance extends the powers of the previous 1998 policy on exploiting intellectual property generated through research and development to include intellectual property generated by all NHS employees in the delivery of health care. This provides a significant step in developing the NHS as an innovative organisation.

CATEGORIES		PROTECTED BY
Inventions: a new idea capable of being made or used and involving a non-obvious inventive step.		» Patents
Written work, films & videos, and typographical arrangements, including computer software.		» Copyright
Designs and design drawings, mainly of aesthetic objects		» Registered Design Rights
Engineering components, architectural drawings etc.		» Unregistered Design Rights
Product brand names, company logos etc.		» Trademarks
Trade secrets, background techniques		» Know-How