Doctor of Philosophy

B

L.N. 164 of 2015

EDUCATION ACT

(CAP. 327)

Doctor of Philosophy – Ph.D. - Degree (Amendment) Regulations, 2015

IN EXERCISE of the powers conferred upon him by articles 74 (5) and 75 (6) of the

Education Act (Cap. 327), the Chancellor of the University of Malta has promulgated

the following regulations made by the Senate of the University of Malta by virtue of

the powers conferred upon it by articles 75 (3) and 79 (b) of the said Act

Citation

These regulations may be cited as the Doctor of Philosophy – Ph.D. –

Degree (Amendment) Regulations, 2015 and shall be read and construed as one with

the Doctor of Philosophy – Ph.D. – Degree Regulations, 2008, published as Legal

Notice 293 of 2008, hereinafter referred to as “the principal regulations”.

Applicability

These regulations shall be applicable from 23 rd January 2015 onwards.

Deletion of regulations 48 and 49 of the principal regulations

Regulations 48 and 49 of the principal regulations shall be deleted.

Renumbering of regulations 50 to 52 of the principal regulations

Regulations 50 to 52 of the principal regulations shall be renumberd as

regulations 48 to 50.

Amendment to regulations 48 to 50 of the principal regulations

For regulations 48 to 50 of the principal regulations there shall be substituted

the following

“Copyright and Intellectual Property

48. Students must abide by the University of Malta Intellectual Property

Policy.

B

Open Access

49. In line with the University of Malta’s Institutional Repository Policy,

the University Library shall provide in open access the electronic copies of the thesis

and shall make them publicly available on the University of Malta’s Institutional

Repository.

Confidentiality Agreements

50. (1) Confidential information includes, but is not limited to, training

know-how, information, methodologies and manuals; workbooks; statements

of operating practice; specifications; drawings; designs; formulae; discoveries;

inventions; technical information; know-how generally; lab notebooks; manuscript

papers; software; information about the methods, concepts and techniques on which

software is based; samples; finances; financial models; pricing and other commercial

information; business plans; marketing plans; and any information considered to be

sensitive by the University Research Ethics Committee.

(2) Students are bound not to disclose any confidential information

which may come into their possession and/or which they are exposed to and/or which

they have access to. Furthermore, students may be asked by the University to sign

specific confidentiality agreements should it be deemed necessary.

(3) Subject to the provisions of paragraph (1) of this regulation,

information shall not be considered as confidential information if

(a) it was already known to the student and it was not subject to any obligation

of confidentiality by the student to the University;

(b) it is or becomes publicly known without an act or omission of the student;

(c) it is obtained by the student from a third party with a valid right to

disclose such confidential information, provided that said third party is not under a

confidentiality obligation to the University;

(d) it is approved for release in writing by an authorised representative of the

University; or

(e) the student is specifically required to disclose pursuant to a law or order

of any Court of competent jurisdiction.”

Addition of regulation 51 to the principal regulations

The following regulation 51 shall be added after regulation 50 of the

principal regulations

B

“Confidentiality of Assessable Student Work

51. (1) Where the student considers that assessable student work should

remain confidential during or after completion of the programme of study or research,

a request for it to be embargoed must be made to the Library Committee. The

Library Committee shall consult with the Faculty concerned before taking a decision.

The period of embargo approved shall not normally exceed two years from final

submission of such work to the University. However, in cases where publication of

the assessable student work would prove detrimental to the student or the University

or the sponsor or the funding body or the persons referred to in such work, a further

period may be approved.

(2) In any case and without prejudice to paragraph (1) of this regulation,

the University retains the right to request the embargo of assessable student work.

In the event that assessable student work is embargoed, the student shall be bound

to treat the contents of such work as confidential and prior to any publication, the

provisions about publication and exploitation, as detailed in the University of Malta

Intellectual Property Policy shall apply in every case.”

Renumbering of regulations 53 to 56 of the principal regulations

Regulations 53 to 56 shall be renumberd as regulations 52 to 55.

Amendment to regulation 52 of the principal regulations

For paragraph (1) of regulation 52 of the principal regulations there shall

be substituted the following

“52. (1) Following successful defence of the thesis and prior to the conferment

of the Ph.D. Degree, students are required to present two hard bound copies of the

thesis to the Faculty, and one electronic version for the University Library, which shall

include a signed declaration of authenticity. The electronic version must conform to

the standards set by the University of Malta Library.”

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