“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen IP Policy for Universities Experience of Hungary

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Intellectual property management systems at universities Major factors that influence trends in IP management IP – Most common sources of regulation: o ownership clauses in patent or other IP-related law o ownership clauses in labor law o clauses in national R&D system law o act on higher educational o governmental rulings o national codes of practice o specific rules of funding systems o policies or other specific internal rules on the institutional level o collective agreement between the employer and the employees o individual contract between the employer and the employee o judicial practice. Innovation models (Open Science, Open Innovation, Triple Helix)

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen The IP strategy should be defined based on the preferred way of knowledge transfer at the institution. Define your IP strategy! Teaching, education Free dissemination (publication, conferences) Collaborative research Contract research Sponsored research (also grant research performed in consortiums) Private consultancy Traditional technology transfer, licensing Creation of spin-off companies, support of regional economy Establishment of joint companies with industrial partners Strategic cooperation with local big companies in various technology fields Faculty and student entrepreneurship (outside the university) Movement of highly skilled research staff to industry Main methods of knowledge transfer:

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen The need for an IP policy at universities and research institutions To safeguard the university’s and the researchers’ overall interests in managing collaborative research activities and technology transfer. To ensure commercial returns for both the institution and the inventors. There are several stakeholders in the R&D process each of them contributing to the generation or exploitation of IP, such as: universities researchers/inventors students research sponsors industrial partners mediator organizations (TTOs) organizations exploiting University IP (licensees) investors others. To achieve social benefits from the innovation process. To create economic impact of new knowledge generated at the institutions.

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Advantages of a good IP policy An IP policy is an extremely useful tool since it can involve the institutional, national and international aspects of IP management in one regulatory document on the institutional level. Creates procedures for the daily routine of IP-management Clear and transparent IP management Provides clear, specific provisions on IP issues Creates legal certainty for companies and other third parties Safeguards the interests of all parties by stipulating deadlines Ensures professional IP management Stimulates more industrial support for research Generates income for the university and the researchers Encourages bringing research results to the public benefit Strengthens public image of the university and its’ researchers Enhances the reputation of the university and researchers

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen How to start the elaboration of an IP policy? The mission and role of the university should be assessed especially in the context of education, research and relation to entrepreneurship. Major types of roles: -follows the open science model -focus on research and development -expects significant income through technology transfer -promote economic development and have the characteristics of entrepreneurial university. The IP policy should reflect the mission of the university and the institutional control over IP should be set in accordance with the mission. Main challenges:  Legal environment has to be taken into account  National policy framework  Harmonization with other institutional regulations

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen How to start the implementation of the model IP policy? Implementation of the model Policy should be done with due care especially concerning legal issues. The model Policy has to be adapted in a manner consistent with applicable national law and other relevant regulations. It is recommended that the Institute seeks professional legal advice before implementing the model Policy.

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Implementation I. – Content of the policy Personal scope and related legal issues Types of IP covered Ownership of Intellectual Property Research collaboration - confidentiality vs. public disclosure Obligations of the institute and the researchers in IP management Distribution of revenues, motivation of scientists Conflict of interest issues An IP Policy relates to the ownership, protection and commercial exploitation of intellectual property created by researchers in the course of their duties or activities at the given Institute. It sets out the rules of the Institute for cooperation with industrial and business organizations and provides guidelines on the sharing of the economic benefits arising from the commercialization of intellectual property.

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Ownership of publicly-funded research results Typical/possible owners of IP created at universities: inventor/author university/public research institution the state or any governmental organization providing research funds third party enterprise providing research funds no one owns, public domain. General rule – when determining the ownership of an IP, the first owner of the IP has to be determined first - or else legal complications may arise later. Two typical regimes: Professor’s privilege model Institutional ownership system There may be specific regulations for publicly-funded research results, typically in countries introducing the institutional ownership model. These are often based on national public research- related acts, grant systems or codes of practice.

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Typical contribution of the key players to the creation of IP University Financial contribution Research infrastructure Salary of the researchers Academic career for the researcher Funds for the research Technical staff Facilities supporting research Administrative services Goodwill Industry Industrial knowledge Who owns ? Inventor/researcher Intellectual contribution Collaboration

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Expected activities of the university in managing IP Negotiating research cooperative agreements where IP issues are concerned (with the researchers involved) Receiving invention disclosures Preparing opinions on patentability Evaluating the commercial potential of the invention or other IP Obtaining patent protection (if necessary) Seek exploitation of IP – find commercial development partners Managing the process of commercialization Funding is critical: -to hire professional management -to cover patent and commercialization costs.

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen A researcher’s primary commitment of time and intellectual contributions as an employee of the Institute should be to the education, research and academic programs of the Institute. It is the responsibility of each Researcher to ensure that their agreements with third parties do not conflict with their obligations to the Institute or this Policy (private consultancy and other research service agreements). Researchers should keep the University’s business secret in confidence. Researchers should promptly report all potential and existing conflict of interest to the Institute. The university should establish a committee or appoint an existing one to examine and solve IP- related disputes. Conflict of interest and confidentiality

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Implementation II. – Institutional factors  Support from the higher management of the university is essential  Appointment of responsible persons/committees/departments/offices for each task defined in the policy  Getting faculty feedback during the preparatory phase will give importance and confidence  Preparing, implementing and disseminating typical IP document forms - Model agreements, IDX form, etc.  Identification of who shall administer and enforce institutional IP policy  Comparisons with other institute`s policies and making the results available via informal discussions will give credibility  Monitoring and evaluation of performance

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Implementation III. – Awareness factors Promotion of the policy and dissemination of IP culture among faculty staff and students through seminars, website and informal discussions Education of researchers and students in IP management Preparing “translation” for the research community Showcasing the benefits Establishing IP management as a service to the community Applying the policy with consistency Promotion and communication of the IP policy should involve:

Exploitation and business incubation Intellectual property management and technology evaluation system at the University of Debrecen Technology evaluation Technology evaluation Technology and project monitoring Continuous communication and cooperation with the researchers Reporting IP IP evaluation IP protection and exploitation Intellectual product Intellectual product Invention disclosure forms VRS/ Unit VRS/ Unit HU patent PCTPCT Spin-off Licensing R&D service unit (as part of the University) Rector decision Notice of refusal 1 st day4 th week 7 th week 6-36 th month 12 th month ~8-9 th week Utilization with industrial partner Unit: Relevant unit of the University VRS: Vice rector for strategic affairs Technology registry VRS/ Rector VRS/ Rector VRS/ Rector VRS/ Rector

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Income sharing at the University of Debrecen Net income 60%40% 1/3 Inventors University Innovation FundFacultyCenter

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Summary A good IP policy has to create an uneasy balance between: researchers’ right to publish protection of research results generated through public funds guarantee of academic freedom for the researchers industrial exploitation of the public research results ensure fair economical compensation for each stakeholder of the innovation process. As an overall result it is expected that developing IP policies at universities and research institutions will support them to a significant degree in transferring new technologies to the industry and create new links with local and regional economy.

“IP Universities” Istanbul, May 16 to 18, 2012 Albert Long Hall, BOGAZICI UNIVERSITY IP Policy for Universities Tamas Bene, IP manager University of Debrecen Thank you for your attention! Tamas Bene University of Debrecen