1. INTELLECTUAL PROPERTY AS A STRATEGIC TOOL Alison Campbell OBE PhD RTTP Belgrade 30 October 2012

2. Why do technology transfer? 2  Utilise research results for public good  Benefit local/national economy  Retain / incentivise academics  Revenue generation

3. 3 IPR Research results Materials Know- how $$ $ ?

4. Developing the commercial proposition  Context  Objectives  National/regional/university/inventor  Returns  Purely financial? 4

5. Revenue and value 5  What do we want to achieve?  What will this allow us to do?  Short term or longer term?  Who influences this?

6. Revenue and value - Licensing 6  Licensing transactions  One-way  Up-fronts, milestones, royalties  Reimbursement of IP fees

7. Revenue and value: Company creation 7  Spin-out transactions:  Equity  Licence fees  New jobs  Relationships

8. Revenue and value: Consultancy 8  Consulting to industry  Fee for provision of service  Access to knowledge/problem solving  Relationships

9. Revenue and value: Collaboration 9  Collaborating with industry  Directly funded research  Access to leveraged funding  In-kind resources: materials, facilities, equipment, knowledge  Publications  Relationships

10. Revenue and value: the UK perspective 10  Universities provided £3.3bn worth of services to business in 2010/11  Source: HEBCIS

11. University-business IP transactions in 2010/11  Licence income  £61 million  Share sales  £26 million 11

12. University-business relationships in 2010/11  Collaborative & contract research £1.9 billion  Continuing Professional Development £606 million  Consultancy services £370 million  Access to specialised facilities £129 million 12

13. % revenue by source 2010- 11 13

14. LicensingNew Co CollaborationConsultancy IPR Translating research for social and economic benefit 14

15. Licensing IPR  You need to know:  Value  The Market  Its place in the value chain 15

16. IPR and company creation  Investors love IPR  And assignment of rights  And pipelines  Success is built on GOOD technology and GREAT people  It’s rare to achieve equity and royalties  Return is long term 16

17. The IPR clause in consultancy agreements  The client owns foreground  They are paying for it!  You are solving their problem 17

18. Research collaboration and IPR 18

19. Lambert model agreements  A set of agreements derived by industry, universities and lawyers  www.ipo.gov.uk/lambert 19

20. LambertTermsIPR 1 Sponsor has non-exclusive rights to use in specified field; no sub-licences University 2 Right to negotiate an exclusive licence to some or all IPR University 3 Assignment University 4 Sponsor owns, university has right to use for non-commercial purposes Sponsor 5Contract research: no publication without permission Sponsor Lambert Agreements 1-5 20

21. Lambert Toolkit  More than just agreements – models are NOT enough  Guidance Notes – critical to understanding issues  Heads of Terms/Outline – critical to meeting of minds  Decision Guide – critical to choice of most appropriate starting point (model research collaboration agreement)  Key Elements/Criteria Ownership and rights to use Results Financial and other contributions University's use of Results for academic purposes 21

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23. Easy Access IP aims  Easy Access IP promotes new ways of sharing IP between universities and industry  Some IP is offered free to industry, using quick and simple agreements  EAIP Adopters expect all IP to generate a return, however, they are choosing to forgo an immediate, financial return to stimulate the development of IP by business and promote new, long ‐ term partnerships 23

24. Free IP? All Easy Access IP has inherent value, but can be difficult to commercialise through traditional ways:  IP is too early stage or uncertain for a company to risk investment  Development is proving a difficult challenge within constraints of university environment  The best route to adoption is not to protect, but instead to promote to potential partners in this high ‐ profile way 24

25. Benefits of Easy Access IP  It uses IPR strategically  Increases ability to develop relationships with industry  Free access allows industry partners to evaluate IP quickly and take risks  Easier for researchers to achieve knowledge transfer outcomes/impacts  Ensures university/industry relationships begin with a gesture of good will and provides a strong foundation for long ‐ term relationships  Speeds up transaction time so that publicly funded knowledge and IP can be got into use as quickly as possible 25

26. Strategic Assets  Intellectual Property (in all forms)  Resources (cash, access to facilities)  First mover advantage  Relationships  Reputation 26

27. Contact details www.alisoncampbellassociates.com www.praxisunico.org.uk www.easyaccessip.org.uk alison@alisoncampbellassociates.com 27