Presentation on theme: "Role of IP Benefiting from University-Industry Partnerships: Incubators and IP Casey K. Chan National University of Singapore IP Academy of Singapore."— Presentation transcript:
Role of IP Benefiting from University-Industry Partnerships: Incubators and IP Casey K. Chan National University of Singapore IP Academy of Singapore
New Paradigm labor intensive high end manufacture value added manufacturing value creation Investment Driven vs Innovation Driven
New Job Create 15 million new jobs in the US from 95 to 2000 90%<50 employers
Geek Index (Wired Aug 2001)
Partnership Only the scientific and technologically driven innovation can power the economy to be globally competitive. Close collaborative partnerships in scientific research is critical to sustain this innovation.
Corporations Increase shareholder value Servicing customers Financial bottom line
University Education Research Service ? entrepreneurship
Paradigm Shift Can potentially create new problems No longer straight forward partnership Ownership of and access to IP Conflict of interest Once-clear lines are now blurred
Academic Independence Bias observation and conclusion Confidentiality Publication right What is acceptable delay Right of review vs right to censure and edit
Conflict of Interest Equity ownership vs royalty Clinical trials Paid consultant Benefit Founder Use of product in which one has a royalty interest
Dr. Oliveri versus Apotex Inc deferiprone in the treatment of iron overload in patients with thalassemia major drug lost effectiveness with long-term use drug might worsen hepatic fibrosis revised consent form drug trails were being terminated by Apotex published result in NEJM threat of lawsuit for violating confidentiality agreement
Management of Conflict of Interest No exception school (MIT) Management school (others) Is there a conflict? Can it be manage? How to manage?
Warranty & Indemnification Does not warrant fitness for use or merchantability Technology is usually early stage and requires much additional development University has no control over product development Requires indemnification for product liability
Reach through clauses For improvements For research tools
Reach Through Clause for Improvement University general does not agree to blanket improvement clause Exception: improvement is dominated by base technology Terms of employment for academic staff is different from that of industrial scientist
Possible obligation from the use of research tools No obligation No patenting First rights of refusal Royalty on derivative
Reach through clause for Research Tools Pre-publication right Rights of derivative material and IP Typewriter analogy Protest from the scientific community
Tragedy of the Common Great discoveries were available to all but no one benefited. Bayh-Doyle – to promote the economic development of the products of federally funded research. Has the pendulum swung too far?
Benefits Real-world issues and practical methods of problem solving Enrich the professional experience Widen the horizon of our staff and students beyond the academic frontier Enhancement of translational research Alternate source of research funding
Mutually beneficial relationship when carefully managed Detail is in the agreement Work towards common goal Understand each others’ objectives Understand each others’ limitation Academics need professional help in negotiation