Intellectual property policy

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An intellectual property policy (IP policy) comprises the policies and procedures set up by a company, a state, or an institution that relate to creating, using or disseminating its intellectual property. The purpose of the intellectual property policy is to foster the creation and dissemination of knowledge and to provide certainty in individual and institutional rights associated with ownership and the distribution of benefits that may originate from the formation of intellectual property. [1]

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Different types of IP policies

National IP policies express the intent of a country to use the intellectual property system in a defined manner to achieve a stated goal. National IP strategies are measures taken by a government to realize its IP policy objectives. Many IP-related policies and strategies promote research and innovation and encourage the transfer and dissemination of technology. [2] [3]

Institutional IP policies are policies established by universities or research institutions to address IP issues typically encountered during collaboration with external parties and the commercialization of academic research. An institutional IP policy must comply with all relevant national policies and strategies. There will be circumstances where national laws limit how individual universities and research institutions can deal with IP rights or share benefits. Subject to those limitations, each institution may regulate the principles of ownership of IP rights through its internal IP policy, employment contracts and other contractual arrangements. [2]

Companies IP policies are policies put in place by a company to provide general guidance related to the importance of identifying internal IP, managing the disclosure of IP to customers, suppliers, or other third parties, summarizing the goals of IP ownership, outlining typical terms for interacting with strategic partners etc.[ citation needed ]

IP policies for universities and research institutions

Universities and research institutions seeking to partner with industry or other organizations can adopt a policy for effective intellectual property management and technology transfer. Such policies provide structure, predictability, and an environment where commercialization partners (industrial sponsors, consultants, non-profit organizations, SMEs, governments) and research stakeholders (researchers, technicians, students, visiting researchers, etc.) can access and share knowledge, technology and IP. [2]

The main goals of an institutional IP policy are to provide legal certainty, promote scientific research and technological development, encourage researchers to consider the possible opportunities for exploiting an invention to increase the potential flow of benefits to society, provide an environment that supports innovation and development, balance the various conflicting interests of universities, industry and society, and ensure compliance with applicable national laws and regulations.

An institutional IP policy is a formal document which typically deals with:

An institutional IP policy is usually part of the broader regulatory framework of an institution. As such, it must be coherent and compliant with the other acts or policies put in place, especially those related closely to the scope of the institutional IP policy, which is the case notably for policies regulating:

No one model policy can be applied across all institutions, countries or companies since there are country-specific differences and different levels of absorptive capacity (i.e. the capacity of local businesses to recognize the value of new external information, assimilate it and apply it to commercial ends).

Furthermore, countries and institutions are still experimenting with different institutional IP policies and practices, gathering evidence on what works and what does not. In some countries, operating an IP management system that meets the National IP policy is required. Making the policy easily and publicly available in the High Education Institution may be a recommendation, such as in Ireland, where a 2018 report showed that 91% of the studied institutions had an IP policy publicly available on their website. [4] WIPO hosts a database of IP policies, manuals, and model agreements from Universities and Research Institutions worldwide. [5]

Sources

Definition of Free Cultural Works logo notext.svg  This article incorporates text from a free content work. Licensed under CC-BY-4.0. Text taken from IP Policies for Universities and Research Institutions , WIPO. To learn how to add open license text to Wikipedia articles, please see this how-to page. For information on reusing text from Wikipedia, please see the terms of use.

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Related Research Articles

A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

<span class="mw-page-title-main">Intellectual property</span> Ownership of creative expressions and processes

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.

<span class="mw-page-title-main">Patent</span> Type of legal protection for an invention

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights.

<span class="mw-page-title-main">World Intellectual Property Organization</span> Specialised agency of the United Nations

The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations. It began operations on 26 April 1970 when the convention entered into force. The current Director General is Singaporean Daren Tang, former head of the Intellectual Property Office of Singapore, who began his term on 1 October 2020.

Technology transfer (TT), also called transfer of technology (TOT), is the process of transferring (disseminating) technology from the person or organization that owns or holds it to another person or organization, in an attempt to transform inventions and scientific outcomes into new products and services that benefit society. Technology transfer is closely related to knowledge transfer.

Industrial property is one of two subsets of intellectual property, it takes a range of forms, including patents for inventions, industrial designs, trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition. In some cases, aspects of an intellectual creation, although present, are less clearly defined. The object of industrial property consists of signs conveying information, in particular to consumers, regarding products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general.

World Intellectual Property Day is observed annually on April 26. The event was established by the World Intellectual Property Organization (WIPO) in 2000 to "raise awareness of how patents, copyright, trademarks and designs impact on daily life" and "to celebrate creativity, and the contribution made by creators and innovators to the development of economies and societies across the globe". April 26 was chosen as the date for World Intellectual Property Day because it coincides with the date on which the Convention Establishing the World Intellectual Property Organization entered into force in 1970. World Intellectual Property Day is WIPO’s largest intellectual property (IP) public outreach campaign.

Traditional knowledge (TK), indigenous knowledge (IK) and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. According to the World Intellectual Property Organization (WIPO) and the United Nations (UN), traditional knowledge and traditional cultural expressions (TCE) are both types of indigenous knowledge.

Humanitarian use licenses are provisions in a license whereby inventors and technology suppliers protect in advance the possibility of sharing their technology with people in need. Thus, humanitarian use licenses set the conditions for the provision of access to innovations for people in need at a royalty free basis or at lower costs. Humanitarian use licenses assure that products of research and development stay publicly available and that at the same time the incentive function of exclusive intellectual property rights are maintained.

The Gowers Review of Intellectual Property was an independent review of UK intellectual property (IP) focusing on UK copyright law that was published in December 2006. The then Chancellor of the Exchequer Gordon Brown commissioned Andrew Gowers to lead the review in December 2005. The Review was published on 6 December 2006 as part of the Chancellor's annual pre-budget report. The review concludes that the UK's intellectual property system is fundamentally strong but made 54 recommendations for improvements.

<span class="mw-page-title-main">TRIPS Agreement</span> International treaty on intellectual property protections

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It establishes minimum standards for the regulation by national governments of different forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.

Panama has passed several laws protecting intellectual property in the country.

Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property treaties. Iran joined the Convention for the Protection of Industrial Property in 1959. In December 2003 Iran became a party to the Madrid Agreement and the Madrid Protocol for the International Registration of Marks. In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. As at February 2008 Iran had yet to accede to The Hague Agreement for the Protection of Industrial Designs.

University spin-offs are companies that transform technological inventions developed from university research that are likely to remain unexploited otherwise. They are a subcategory of research spin-offs. Prominent examples of university spin-offs are Genentech, Crucell, Lycos and Plastic Logic. In most countries, universities can claim the intellectual property (IP) rights on technologies developed in their laboratories. In the United States, the Bayh–Dole Act permits universities to pursue ownership of inventions made by researchers at their institutions using funding from the federal government, where previously federal research funding contracts and grants obligated inventors to assign the resulting IP to the government. This IP typically draws on patents or, in exceptional cases, copyrights. Therefore, the process of establishing the spin-off as a new corporation involves transferring the IP to the new corporation or giving the latter a license on this IP. Most research universities now have Technology Licensing Offices (TLOs) to facilitate and pursue such opportunities.

<span class="mw-page-title-main">WIPO Lex</span>

WIPO Lex is an online global database launched in 2010, which provides free public access to intellectual property laws, treaties and judicial decisions from around the world. The World Intellectual Property Organization (WIPO) maintains and develops the database.

Republic Act No. 8293, otherwise known as The Intellectual Property Code of the Philippines lays down the rules and regulations that grant, and enforce patents in the Philippines. Patents may be granted to technical solutions such as an inventions, machines, devices, processes, or an improvement of any of the foregoing. The technical solution must be novel, innovative, and industrially useful. In order for a technical solution to be granted a patent, the inventor must file an application to the Bureau of Patents, which will examine, and in some cases, grant its approval. The law is designed as to foster domestic creativity, to attract foreign investors, and to motivate inventors to release their products for public access.

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University technology transfer offices (TTOs), or technology licensing offices (TLOs), are responsible for technology transfer and other aspects of the commercialization of research that takes place in a university. TTOs engage in a variety of commercial activities that are meant to facilitate the process of bringing research developments to market, often acting as a channel between academia and industry. Most major research universities have established TTOs in the past decades in an effort to increase the impact of university research and provide opportunities for financial gain. While TTOs are commonplace, many studies have questioned their financial benefit to the university.

<span class="mw-page-title-main">WIPO Academy</span> Training arm of the World Intellectual Property Organization

The WIPO Academy is the training arm of the World Intellectual Property Organization (WIPO), it was established in 1998. It offers intellectual property (IP) education, training and IP skills-building to government officials, inventors, creators, business professionals, small and medium enterprises (SMEs), academics, students and individuals interested in IP. The Academy hosts IP courses through its four programs: the Professional Development Program, University Partnerships, Distance Learning and WIPO Summer Schools.

<span class="mw-page-title-main">WIPO GREEN</span>

WIPO GREEN is a World Intellectual Property Organization program that supports global efforts to address climate change and food security through sharing of sustainable technology innovations. WIPO GREEN was established in 2013, it is a free online marketplace for technology exchange connecting providers and seekers of inventions and innovations in environmental technology. WIPO GREEN acts as platform for innovators, small and medium enterprises, Fortune 500 companies, and other key stakeholders to take part in green technology innovation and increase diffusion with the help of intellectual property rights through services such as the database, network, and projects. Under the management of WIPO’s Global Challenges Division, WIPO GREEN consists of three main elements:

References

  1. "Intellectual Property Policy, All University | Policy Library". policy.ku.edu. Retrieved 2022-05-05.
  2. 1 2 3 4 "IP Policies for Universities and Research Institutions". www.wipo.int. Retrieved 2022-05-05.
  3. "IP Policy". www.uspto.gov. Retrieved 2022-05-05.
  4. "REVIEW OF IMPLEMENTATION OF IP POLICIES WITHIN HIGHER EDUCATION INSTITUTIONS" (PDF). 2021.
  5. "Database of Intellectual Property Policies from Universities and Research Institutions". www.wipo.int. Archived from the original on 2021-08-15. Retrieved 2022-05-05.