ERSM100410 - University Spin-outs
Definitions: ‘Intellectual Property’
This is defined in ITEPA03/S456 as:
- any patent, trade mark, registered design, copyright or design
right, plant breeder’s rights or rights under section 7 of
the Plant Varieties Act 1997;
- any right under the law of a country or territory outside the
UK corresponding or similar to a right within (a);
- any information or technique not protected by a right within
(a) or (b) but having industrial, commercial or other economic
value;
- any licence or other right in respect of anything within (a) -
(c); and
- any goodwill, as defined for accounting purposes, associated
with anything within (a) to (d).
There is provision for this definition to be amended if
required.
Some companies are thought of as spin-outs, as they derive
from a specific area of work, but do not involve a transfer of IP.
Unless anything else of value is transferred from the University,
e.g. free use of premises, there is unlikely to be any charge
arising and no need to claim the Chapter 4A relief.
