IP Policy
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An IP policy provides the framework for strategically managing intellectual property rights. It integrates an institution's mission with national laws and international treaties, and provides clarity for researchers and companies. An IP policy should be developed before negotiations involving IP begin. It must address ownership of IP, the obligations of researchers and the institution, and administration of the policy. Developing an accepted policy requires consultation and establishing incentives while applying the policy consistently.
IP Policy
- 1. Anatomy of an Intellectual Property Policy Alan B. Bennett, Ph.D. Executive Director, Public Intellectual Property Resource for Agriculture
- 2. An IP Policy provides the framework to strategically manage IP Integrates institutional mission with national laws and international treaties Provides clarity for researchers and private companies
- 3. National legal frameworks Bayh- Bayh-Dole Act Universities may elect title to inventions developed through UC Patent Policy Federal funding Mandatory Invention patents on inventions they elect Universities must file Disclosure University must have written agreements with faculty and Inventor Assignment of Title to UC Distribution of Net disclosure and assignment of inventions staff requiring Income* University must share a portion of revenue with inventors - Inventor Receives 35% Excess revenue must support research and education - Campus Research Fund Receives 15% Government retains non-exclusive license to the invention Government retains march-in rights at Inventor’s - Remaining 50% to General Pool Campus/Lab Requirement for substantial US manufacture
- 5. Establishing an IP (intellectual property) policy is necessary for several important reasons. IP rights, including patents, copyrights, trademarks, and industrial property rights attach to research, administrative, and scholarly (including course- ware) work products. Therefore, any public sector institution entering into research contracts with private sector entities will encounter IP issues. Remember that it is too late to begin formulating IP policy when negotiations about IP have already begun. As Lita Nelsen, Director of the Massachusetts Institute of Technology (M.I.T.) Licensing Office, observes, “Although policies will change over time as the program evolves, the major issues must be decided in advance. Otherwise, a new program is likely to stall or fail altogether in an entangled committee indecision and policy ambiguity.”
- 6. Matching the mission to IP policy What are the institutional objectives? To disseminate knowledge by publication only To be a technology transfer “engine” To support regional economic development Or some mix of all of the above
- 7. Example - CIMMYT Mission: CIMMYT applies science and partnerships to improve the productivity and profitability of farming systems and sustain natural resources in developing countries CIMMYT IP POLICY In seeking intellectual property rights, CIMMYT will be guided by its commitment to serve the resource poor, rather than by opportunities to obtain recurring revenues. To the extent that financial returns are generated via intellectual property, they will be used by CIMMYT to support its efforts to implement the FAO Global Plan for the Conservation and Sustainable Utilization of Agriculture, adopted by 150 countries in 1996.
- 8. Main components of an IP policy 1. Ownership 2. Obligations of researchers/employees 3. Obligations of the institutions 4. Administering the IP policy
- 9. Main components of an IP policy 1.Ownership • inventor/author owns • university owns • company providing research funds owns • government providing research funds owns • public domain, that is, no one owns
- 10. Main components of an IP policy 2. Obligations of researchers/employees • obligation to disclose before publication • assignment ownership to employer/institution • obligation to assist in evaluation and patenting • obligation to report conflict of interest
- 11. Main components of an IP policy 3. Obligations of the institution • obligation to manage IP effectively • obligation to pay patenting costs • obligation to share revenue (or not) • obligation to: support maximum public benefit maximize revenue ensure broad access for research
- 12. Main components of an IP policy 3. Obligations of the institution • obligation to manage IP effectively • obligation to pay patenting costs • obligation to share revenue (or not) • obligation to: support maximum public benefit maximize revenue ensure broad access for research
- 14. Main components of an IP policy 4. Administering the IP policy • who is responsible VP research Provost Dean etc…..
- 15. Developing and “deploying” an IP policy In most institutions the IP policy should be developed in consultation with researchers, faculty senate or other bodies to be accepted What are the steps • Articulating the institutional mission (leadership) • Making the policy comprehensible to the reader • Providing incentives for participants • Establishing IP management as a service • Applying the policy with consistency • Showcasing the benefits