National Code of Practice for Managing Intellectual Property ... - Forfás

PART II
CODE OF PRACTICE FOR THE MANAGEMENT AND
COMMERCIALISATION OF INTELLECTUAL PROPERTY
FROM PUBLIC-PRIVATE COLLABORATIVE RESEARCH
SECTION A – IP STRATEGY AND ROLES OF PARTNERS 23
A.1 Exploitation is a key priority 23
A.2 Roles and responsibilities of the partners 23
A.3 Different industries have different needs for
IP management 24
A.4 Single contact point for IP management from
each party 24
SECTION B – IP MANAGEMENT 25
B.1 Formal agreement before work starts 25
B.2 Confidentiality 27
B.3 Record keeping 29
B.4 Verification of ownership 29
B.5 Disclosure 30
B.6 Evaluation 31
B.7 IP protection 32
SECTION C – OWNERSHIP 33
C.1 Early and flexible agreement 33
C.2 Ownership of prior IP contributed to
collaborative research 33
C.3 Ownership of IP arising from collaborative
research 34
SECTION D – COMMERCIALISATION 37
D.1 Maximum exploitation of IP 37
D.2 Exploitation plan 38
D.3 Access and use by partners for education
and research 39
D.4 Transfer of ownership and licensing to
parties other than the partners 40
D.5 Exploitation in Ireland 41
D.6 Governing Law 41
SECTION E – INCENTIVES AND BENEFITS 41
E.1 Incentives for PRO partners 41
E.2 Incentives for industrial partners 43
SECTION F – CONFLICTS OF INTEREST 43
F.1 Management of conflicts of interest 43
SECTION G – RELATIONSHIP MANAGEMENT
AND CONFLICT RESOLUTION 44
G.1 Relationship Management and Dealing
with Disagreements 44
SECTION H – MONITORING AND EVALUATION 44
H.1 Monitoring and evaluation 44