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

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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
7 NATIONAL CODE OF PRACTICE FOR MANAGING AND COMMERCIALISING INTELLECTUAL PROPERTY FROM PUBLIC-PRIVATE COLLABORATIVE RESEARCH INTRODUCTION This Code of practice provides guidelines for the management and commercialisation of intellectual property from collaborative research between industrial and academic partners. It provides a set of principles and a consistent starting point for negotiation that the partners should adopt in establishing collaborative research agreements, including a flexible approach to the issues of ownership and rights of exploitation of research outcomes. The flexible approach recognises that every collaborative research arrangement is different and recommends that the partners should choose IP management arrangements that reflect their circumstances and are tailored to their needs. An important purpose of the Code is to enable all prospective partners to approach new collaborations with a common understanding of the IP issues involved. Using this as a starting point for negotiation will help speed up negotiation times allowing the partners to reach agreement on the terms of their collaboration quickly, so that they can start working and creating useful results as soon as possible. In addition, speeding up negotiations will increase the number of research collaborations as more deals will be agreed in a timely fashion. The Objectives of this Code of Practice The Code aims to: 4 build and sustain capability and capacity for collaborative research in PROs and industry and drive commercialisation of research output through all available avenues; 4 enable indigenous Irish companies to grow through knowledge development and management in partnership with Irish researchers; 4 maximise Ireland’s attractiveness for foreign direct investment (FDI) in R&D; 4 encourage and provide incentives for smart and timely industry-PRO research collaboration with a focus on commercialisation; 4 drive Ireland’s strategy to become the location of choice for industry-PRO collaboration; and 4 achieve coherence in the national approach to managing and commercialising IP arising from collaborative research.
Page 1 and 2: NATIONAL CODE OF PRACTICE FOR MANAG
Page 3 and 4: 1 FOREWORD Minister Micheál Martin
Page 5: 3 The Code should not be interprete
Page 10 and 11: 8 For industry, this Code aims to:
Page 12 and 13: 10 This Code has been prepared foll
Page 14 and 15: 12 State Aid 4 A European Commissio
Page 16 and 17: 13 PART I CODE OF PRACTICE: PRINCIP
Page 18 and 19: 15 B.4 VERIFICATION OF OWNERSHIP As
Page 20 and 21: 17 As all research collaborations a
Page 22 and 23: 19 issues of IP ownership, exploita
Page 24: 21 SECTION G - RELATIONSHIP MANAGEM
Page 27 and 28: 23 PART II CODE OF PRACTICE SECTION
Page 29 and 30: 25 SECTION B - IP MANAGEMENT B.1 FO
Page 31 and 32: 27 4 The extent to which the partne
Page 33 and 34: 29 B.3 RECORD KEEPING Demonstrating
Page 35 and 36: 31 B.6 EVALUATION All disclosures o
Page 37 and 38: 33 SECTION C - OWNERSHIP C.1 EARLY
Page 39 and 40: 35 Discussion between parties to ar
Page 41 and 42: 37 Where employees from two or more
Page 43 and 44: 39 4 Partners should have an agreed
Page 45 and 46: 41 D.5 EXPLOITATION IN IRELAND Expl
Page 47 and 48: 43 E.2 INCENTIVES FOR INDUSTRIAL PA
Page 49: 45 Guidelines: For the PRO, routine
Page 52 and 53: 47 TASK FORCE MEMBERSHIP MEMBERS Dr
Page 54 and 55: 49 31 Dublin Institute for Advanced
Page 56 and 57: 51 100 Royal College of Surgeons, I
Page 58:
53 ACKNOWLEDGEMENTS The Council wou
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National Code of Practice for Managing Intellectual Property ... - Forfás

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