THRIP & Intellectual Property Dr Andrew Bailey IP

Transcript:THRIP & Intellectual Property Dr Andrew Bailey IP:
THRIP & Intellectual Property Dr Andrew Bailey IP Manager Industry Partner Information Information sheet for Industry Partners sent out with the call Provides simple details around: Intellectual Property Rights from Publicly Financed R&D Act Intellectual Property licensing (access) options and what they mean IP Declaration Form Confirms Industrial Partner is aware of the IPR Act Indicates the type of IP access that they require IPR Act Intellectual Property Rights from Publicly Financed Research & Development Act (Act 51 of 2008) Aims to encourage protection and commercialisation of IP from SA Government funded research for the good of SA citizens Governs IP from publicly financed research even if the financing is only partial THRIP is public finance Impacts on the relationship with the funder Default: IP owned by UCT Obligation to commercialise Benefit share for IP creators stipulated IPR Act Details on RCIPS website Download Act & Regulations “Layman’s guide” – direct industry partners to it Download UCT presentation & soundtrack www.rcips.uct.ac.za (IP Tab) Learn on Vula – IP Savvy (module on IPR Act) IP Ownership Options UCT has a costing model that is approved by the National Intellectual Property Management Office (NIPMO) who enforce the IPR Act. The model determines the “Full Cost” of doing research at the university. Depending on whether projects are conducted at Full Cost or not, determines the ownership of the Intellectual Property emanating from the research project. Faculty Finance Offices will have the necessary templates or be able to assist PI’s to determine the Full Cost of their projects. When the funder pays full cost or above, they may own the IP. It is a negotiation and UCT may charge a margin above full cost, to reward the researcher’s expertise. Ownership of IP IP & THRIP IP Agreements must be entered into before THRIP funding will flow Ownership & exploitation of IP IPR Act compliant Agreement may not restrict publication > 3 yrs after end of project for IP purposes UCT Confidential Thesis Procedure 6 month blocks Maximum 3 years IP Agreements Background IP – work that has been done previously (could have been patented) Project or “Foreground” IP – created during the course of the THRIP project Access to the IP (Below Full Cost Projects) Ownership is not necessarily everything! Its about access. Exclusive license may achieve essentially same effect as ownership. They are the only party permitted to exploit the IP commercially IPR