Policy Documents

Under the previous policy, copyright in scholarly works (e.g., books and journal articles) created by staff is owned by the University. Noting that publishers will usually request ownership of the copyrighted materials, the Policy on Intellectual Property allows staff members to own the copyright of their scholarly works provided that a free licence to use, reproduce, translate and disseminate the copyrighted materials will be given to the University.

The copyright of teaching materials belongs to the University under the previous policy. Some staff members consider that it poses a hurdle for them to use the same set of materials for their external teaching engagements. After careful deliberation, it is decided that ownership of teaching materials will still reside with CUHK. However, a free licence, subject to any contractual obligations of the University, will be granted to staff to use such materials for non-commercial teaching and research purposes under the Policy on Intellectual Property.

At times, the University may require staff members to perform works or duties which are outside the normal scope of their employment (“Assigned Works”). The Policy on Intellectual Property explicitly provides that the intellectual property of those Assigned Works shall reside with the University.

The previous policy provides that software created by staff is owned by the University. This ownership arrangement remains unchanged under the Policy on Intellectual Property. In view of the advancement of technology and open source practice in the field of engineering, the Policy on Intellectual Property provides an option for staff members to decide whether to release software created by them: (a) under open source licence; or (b) for non-commercial use.

Database is a form of copyright which is owned by the University under both the previous policy and the Policy on Intellectual Property. With the aim to promote knowledge transfer and open source research activities, the Policy on Intellectual Property provides an option for staff members to release database for non-commercial use provided that such release complies with relevant laws and contractual obligations.

Under the previous policy, the following categories of students are required to assign to CUHK the portion of intellectual property created by them under University’s projects:

(i) Research postgraduate students who received financial support (e.g. graduate assistantships, research assistantships or studentships) from the University; and

(ii) Students (such as self-financed research postgraduates, taught postgraduates, undergraduates, exchange students and visiting students) who used CUHK’s facilities and resources when they conduct research led by CUHK staff.

Under the Policy on Intellectual Property, this assignment requirement remains unchanged. However, it will not apply to any student whose enrollment is subject to contract with another institute, e.g., dual degree programme, in which the ownership arrangement of intellectual property created by him/her is stipulated.

Thesis is a topic which is not included under the previous policy. Under the admission notification and thesis submission form of the Graduate School, the University recognizes that the copyright in thesis belongs to the students and will only obtain a licence to use the thesis for academic purposes, such as keeping a copy at the library. Such arrangement is now explicitly provided under Para 6.4 of the Policy on Intellectual Property.

Although it is not provided under the previous policy, students assigning intellectual property to CUHK are entitled to share income in accordance with their contribution to the projects as if they were staff members of the University. This income sharing arrangement is explicitly provided under Para 6.5 of the Policy on Intellectual Property.

Staff members shall observe the Guidelines on Student Assignment of Intellectual Property. For details, please click here.

The handling of legal or administrative action concerning intellectual property of University is not mentioned under the previous policy. For the sake of clarity, the Policy on Intellectual Property explicitly provides that the University shall determine how should a legal or administrative action concerning intellectual property of University be handled on a case-bycase basis. This is in line with the current practice of the University.

The University is keen on nurturing entrepreneurial spirit. With the aim to promote knowledge transfer and to encourage entrepreneurship, the Policy on Intellectual Property provides that companies incorporated by staff can obtain licences to use the intellectual properties they generated at the University provided that the terms are negotiated in good faith.

Currently, staff members who are not eligible for serving as Principal Investigators (“PIs”) for external research grants (excluding RGC grants) may, with the approval from the Chairperson of Research Committee and under the supervision of a staff at Professor rank, undertake research grant supported projects as PIs. To promote research activities at the University, it is suggested that supervision of ineligible staff for external research grants can be provided by any full-time staff at Associate Professor rank or above.

Paras 5.4 and 5.7 are inserted to include the mandatory requirement that staff members who apply for research grants must go through research ethics training, and the importance of publication ethics. Schedule 8 are revised in order to tally with the existing clearance procedures of the Survey and Behavioral Research Ethics Committee for research projects involving human subjects. Other minor changes to Paras 8.5 & 16 and Schedule 5 are about an expanded definition of plagiarism, update on some official title and websites.

Considering RGC’s additional emphasis on research impact, impact development is added as one of the expected grant deliverables.

Worthiness of research and advancement of University mission are added as factors affecting overhead reduction.