NHS Innovations South West

NHS Innovations South West (NISW) is the South West NHS Innovation Hub and part of the wider national NHS Innovation Hub Network.

NISW is funded by the Department of Health and The Department of Innovation, Universities and Skills to assist NHS Trusts promote and manage the intellectual property residing within the NHS and to maximize its potential.

Intellectual Property (IP) is the output of creative and intellectual activity, often associated with innovative ideas. It can be protected by legal rights called Intellectual Property Rights (IPR)

By innovation we mean introducing new ideas that solve problems, make life easier, improve existing methods or provide new ways of doing things.

Examples of innovation include new or improved medical devices, new uses for drugs, diagnostic tests, modifications to equipment, software, and databases, training packages or manuals, best practice guidelines,

All of these innovations have associated intellectual property that can be protected by intellectual property rights. For example, written information and diagrams can be protected by copyright; inventions can be protected by patents.

Generally speaking under statutory law an employer will be the owner of IP generated by an employee in the course of employment or normal duties unless the employer and employee have agreed otherwise.

Yes because without clarity on ownership and other issues, confusion and conflict will arise. There is a risk that inconsistent and inappropriate employment conditions may be introduced. Employees sometimes believe they have rights in IP which they do not. Due to the complexity of this area it is beneficial to include an IP clause in the employment contract to avoid disappointment.