Students

Based on the legal framework, the general principle regarding student-developed results is as follows: "Students are by right holders of any Intellectual Property Rights for the results they develop.

In July 2021, the 'Richtsnoer Intellectueel Eigendom binnen hogescholen in de relatie student - instelling' (Guideline on Intellectual Property within universities of applied sciences in regards to student - institution relationship, Dutch only) was drafted. This describes when and how deviation from a legal starting point may be necessary.

Examples of exceptions to the legal framework:

Sometimes a company that wants to have an assignment developed by a group of students via Hanze will want to have the Intellectual Property Rights to the result, so that the company itself can use it. To arrange this, you as the student involved will be asked to cooperate in transferring (part of) your Intellectual Property Rights to the company before you can work on the assignment. This will have to be laid down in a separate agreement between you and the company. It is the role of Hanze to point this out to you, to make you aware of the consequences of the transfer and to inform you properly about it.

Sometimes Hanze wants to involve students in research that Hanze conducts within a consortium. A consortium is a temporary partnership that is often entered into as part of a research grant. Within this consortium, agreements are made about how to deal with Intellectual Property Rights. As a student, you can then only be involved if you adapt to this. In this case, too, this could lead to a necessary transfer of your Intellectual Property Rights. It is up to Hanze to ensure that the consortium agreement is complied with and that, if necessary, additional written agreements are made with you in a timely manner. Naturally, Hanze must also inform you of this in time, so that you can take this into account.  

For certain assignments, you may not be able to participate if you are not prepared to transfer your Intellectual Property Rights. Although you choose to do so, this may never lead to you having to compromise on educational opportunities or the quality thereof. In this case, Hanze is obliged to work with you to find an equivalent alternative that allows you to achieve the same educational outcomes without having to transfer your Intellectual Property Rights. This will actually always involve customization, depending on the type of assignment and the type of program. Hanze is expected to establish an internal policy procedure to provide for this.  

Important to remember in the context of Intellectual Property Law is that you are not an employee during an internship and that employers copyright does not apply. Normally, an internship or graduation is based on an agreement made between you, the external company and Hanze. That agreement may deviate from the general premise as to who is the copyright owner.  

In this situation, the basic principle is that Hanze will include the following points in the internship/graduation agreement, which will be signed by you, the study program and the client before the start of the assignment:

1. that it must be possible to assess your work at all times;
2. that it must be possible to present your results at all times in the context of course accreditation; and
3. if there is a deviation from the general principle with regard to who is the rightful claimant, that all Intellectual Property Rights will accrue to the client. 

You should be aware that by including in the agreement that Intellectual Property Rights belong to the external company, you are choosing to transfer a legal right. Publishing or multiplying (other than for your own use) a thesis, for example, is then no longer possible - without the external company's permission.   

And if you, for example, make an invention, this means that the patent in principle belongs to the external company as stated in article 12 paragraph 2 (Dutch only) of the National Patent Act. That does not mean that you are always empty-handed. As stated in article 12 paragraph 6 of the Dutch Patent Act, you may be entitled to fair payment under certain circumstances.

If Hanze itself offers the (graduation) internship, then it may be expected that as much as possible the general principle, that the Intellectual Property Right belongs to you as the creator, is applied. In this situation, too, the principle applies that you must always be able to do an internship or graduation project, even if you do not wish to transfer your Intellectual Property Rights. 

Want to learn about Intellectual Property in the Netherlands? Then go to the e-learning below. This module is designed specifically for higher education students, but is open to anyone who wants to learn about intellectual property.

Do you have a great idea and want to prevent someone from running off with it? Then do the idea scan questionnaire in just 10 minutes: