Intellectual Property (IP)

Intellectual Property (IP) is a general name for property which is the product of invention or creativity, and which does not exist in a tangible, physical form’ (Oxford English Dictionary). As such it can be opposed to material property such as buildings, machines etc. Both kinds of property are assets of the Organisation

"Author of IP"

The term ‘author of IP’ shall designate the person having generated, developed or invented IP. Such IP can come in the form of know-how, software, designs, patentable IP and so on

"Inventor”

The term ‘Inventor’ designates at CERN the author of a patented CERN Technology.

Copyright

A ‘Copyright’ (©) is a legal protection covering literary works (e.g. publications), artistic works, technical drawings, plans, photography audio-visual creations and software. It does not protect an idea itself but rather the way the idea is expressed.

Copyright comes into force automatically as a creation takes place (although it is advised to make explicit reference to it where applicable as soon as possible). It gives the author the right to control in particular the copying, reproduction and sale of the protected works.

"Technology"

The term ‘Technology’ is used in it is very widest sense, encompassing all IP

‘Inventor"

The term ‘Inventor’ shall designate the author of a patented Technology.

‘Invention"

The term ‘Invention’ designates a product or a process that provides a new way of doing something, or offers a new technical solution to a problem

Patent

A ‘Patent’ is a legal title granting its holder the exclusive right to produce, use, offer, import or export a new technical solution in the area covered by the patent thus stopping others from doing so without authorisation of the holder. Confidentiality is an important pre-requisite for patentability. The disclosure (even oral) of a Technology may prevent it from being patented because the essential criterion of novelty may no longer be considered fulfilled.

"Know-how"

‘Know-how’ covers all technical information, which is or cannot be patented (but may include that information necessary for obtaining a patented product or for carrying out the patented process). It may cover the details of a manufacturing process, which although not inventive, are essential for a commercial product to be obtained

License

A ‘License’ is an agreement which sets out the conditions under which the owner of a Technology gives permission to another party to use it

Trademark

A ‘Trademark’ is a legal protection covering the manner in which goods and services are identified and recognised.  Its purpose is to distinguish goods from one company from those of another. CERN may consider applying for a trademark where the same would provide publicity for, or make a statement as to, the work carried out on its site (for example CERN’s trademark: ‘CERN – Where the World Wide Web was born’.)

It is possible to register a word, a logo, or indeed any other mark, which can be described or shown on a trademark application form.

Non-Disclosure Agreement (NDA)

A ‘Non-Disclosure Agreement’ (NDA) is an agreement setting out the terms under which two parties will exchange information which they deem confidential.  By signing the NDA a party or both parties oblige(s) himself (themselves) not to disclose such information to any third parties