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Academic Intellectual Property Legal Framework

The legal framework for IPR management policies in academic institutions has four levels: international, national, institutional and professional associations-related levels.

1. Regional and international legislation for academic IP

Regional and international IP legislation can include treaties, conventions, agreements, guidelines and recommendations, etc.

The EU Commission's C(1329)2008 on the management of intellectual property in knowledge transfer activities (EC Recommendation) seeks to provide EU States with policy guidelines for the development or updating of national legal frameworks, for public research organizations with a Code of Practice to improve the way public research organizations manage IP and knowledge and technology transfer.

The Recommendation sets out the best practices that facilitate the management of IPR in knowledge and technology transfer activities by universities and other public research organizations in particular in relations with industry partners through contractual or sponsored research agreements focusing on the sensitive issue of IP ownership of the collaboration results.

The Code of Practice for universities and other public research organizations consists of three main sets of principles that are recommended for IP management:

  1. principles for an internal IP policy;
  2. principles for a knowledge and technology transfer processes;
  3. principles regarding collaborative and contract research.

2. National legislation regulating management of academic IP

Relevant national IP legislation can include IP laws, innovation and IP strategies, technology transfer regulations, IPRs management government directives and recommendations, etc.

In 2019, in Ireland was published the updated version of Ireland’s National IP Protocol, which is setting up the framework for research commercialization. The framework comprises two documents: a policy document, which establishes the framework underlying research cooperation and access to IP in publicly funded research. Another document is the IP Protocol Resource Guide, which sets out 10 detailed National IP Management Requirements. Each research performing organization (RPO) must fulfil these requirements, including the Minimum Requirements for IP Policy, when developing and operating its own internal IP management system.

In 2018, the Singapore's National IP Protocol was adopted. One of its key principles is that it requires Public Agencies to have a standard approach to managing IP from publicly funded R&D. This approach enables to engage Public Agencies to support research collaborations and IP commercialization, facilitate buildup of IP management capabilities within Public Agencies, and encourage the use of IP analytics to improve R&D and business decision-making. It is led by the National Research Foundation and the IP Office of Singapore (IPOS), with supporting agencies including A*STAR, EDB, Enterprise Singapore and MTI. If needed, the IP Management (Government) (IPMG) team in IPOS assists Public Agencies to put in place an IP policy and the necessary processes.

In 2008, the Intellectual Property Rights from Publicly Financed Research and Development Act (the IPR Act) was signed in South Africa. The IPR Act improved management of IP emerging from publicly financed R&D. It has also established the National Intellectual Property Management Office (NIPMO), which currently assists the establishment of TTOs, and where such offices exist, provides support and work with them to integrate best practices in IP management and commercialization.

Learn more in the case study IP Management and the Commercialization of Publicly Funded Research Outcomes in South Africa.

3. Institutional regulation for academic IP

Institutional IP regulation can include the university's IPRs policy, statutes or other relevant rules, regulations – such as employment act often containing principles regarding ownership of results developed by the staff and with the resources of the institution, etc.

In line with regional and national regulations, universities and research institutions are adopting IP policies, which are setting up clear regulations on IP ownership of research outcomes, revenue sharing, define mandates of involved institutional authorities (IP Committee, TTO and senior management), etc. This enables researchers to build strong IP portfolio and attract research partnerships, collaborations and funding, but also creates incentives for them.

University of Moratuwa, one of the leading Universities of Asia, has introduced an Intellectual Property Policy, with the purpose to provide the necessary procedural framework to support; protect the resulting IPRs; identify incentives to encourage further participation in research and development; and the necessary processes to transfer benefits with preservation of ownership.

Find out more examples from WIPO IP Policies Database.

The Intellectual Property Management Policy (IPM) covers the management of intellectual assets and IP of the university or created by the Faculty and staff of Makerere University.

Find out more examples from WIPO IP Policies Database.

4. Professional associations’ guides and principles on IP management

The fourth level is devoted to guidelines and principles for IP management, which may be developed by governments, national institutions, professional associations, etc. These documents establish a framework for responsible research and provide guidance on various aspects of IP ownership, dissemination, protection, etc.

In 2002, the UK IPO in partnership with Association of University Research & Industry Links (AURIL) and UK Universities developed and published the Guide to Intellectual Property Management: Strategic Decision-Making in Universities, which was designed to inform and support activities of university senior managers in developing their IP strategies and policies.

The Australian Government developed the National Principles of Intellectual Property Management for Publicly Funded Research (the National Principles).

These principles address the need to encourage a collaboration within the research sector and between researchers and industry. The objective of National Principles is to improve the commercial outcomes from publicly funded research where a commercial outcome is appropriate.

According to the Principles, publicly funded research institutions must have IP policies, relating to the ownership and availability for exploitation of IP, as well as to assist researchers in the management of IP.