A review is being carried out by Waterford Institute of Technology. The purpose of the review is to confirm that WIT’s interests had been appropriately represented and protected, all relevant policies, protocols and procedures had been complied with and satisfactory governance processes had been applied in the case concerned. My officials expect to receive a copy of the report on the review being carried out by Waterford Institute of Technology this week.
I am not aware of any other reviews having been carried out by other third level institutions.
As previously indicated, a national IP Protocol “Putting public research to work in Ireland” was developed by a task group comprised of leaders from industry, the investment community and TTOs in 2012. The new protocol built on earlier guidelines and codes of practice, using the lessons learned from their use.
In 2013 the Government established a centralised function with responsibility for technology transfer in the State which led to the creation of Knowledge Transfer Ireland, launched in May 2014. Knowledge Transfer Ireland (KTI) now has responsibility for setting direction for research performing organisations (RPOs) best practice to enable compliance with IP policy and procedures.
The publication of the national IP protocol in 2012, and its subsequent refresh in 2016, sought to establish policy and guidelines on the interactions between industry and Ireland’s Higher Education Institutes, including the treatment of intellectual property. It provides guidelines and sets expectations for the RPOs and for industry.
The national IP Protocol 2016 comprises two volumes:
- the National IP Protocol policy document which sets out the framework underpinning research collaboration and access to intellectual property from state-funded research
- the IP Protocol Resource Guide which provides an overview of the national IP management guidelines and links to resources and template documents, available for industry and RPOs. It also provides an overview of the knowledge transfer structures in Ireland and the kinds of agreements that can be used to formalise research-industry engagements.
The protocol explains the National IP Management Requirements and requires that RPOs have in place and operate internal IP management systems that meet or exceed these. The protocol also includes “good practice” that will normally be followed. However, industry and RPOs are free to adopt a different approach where this is in the best interests of successful relationships and research commercialisation. Practices are also highlighted that may be followed if industry / RPOs choose to do so.
The IP Protocol is a key reference source for Ireland’s HEIs and research funders. HEIs have developed IP policies that are in line with national guidelines and good practice. These will include policy on spin-out formation. The detail of policies will differ amongst institutions.
The research funding agencies for the publicly funded research system all require that the higher education institutions own the intellectual property arising from research projects that they fund. Each University and IoT has a set of policies that cover how they will govern the use of that IP.
The national IP Protocol explains that commercialisation may benefit HEIs and provide incentives to the researchers involved in creating IP. IP may include protectable IP and know-how. Furthermore, the national IP management requirements make provision for HEIs to have in place a system for sharing of income from commercialising within the organisation, including with relevant researchers.
The national IP Protocol is clear on the policy and processes to identify, protect and commercialise IP that arises in HEIs. This includes guidance on licensing of IP. A suite of Model Agreements, available for use if HEIs and companies choose, covering a range of IP licensing scenarios is available on the KTI website.
In addition, all HEIs are requested yearly as part of their governance statements to state that a code of conduct for Governing Body members and a Code of Conduct for Employees has been adopted and is being monitored. Guidelines for these codes are included in the IOT and University Codes of Governance (section 3.2).
The University Code of Governance has been implemented since 2007 and was updated in 2012. A copy of the code is available here:
www.hea.ie/sites/default/files/university_code_of_governance_2012.pdf.
The Institutes of Technology Code of Governance published in 2012 replaces an earlier document published in 2003: A copy of the code is available here:
www.hea.ie/sites/default/files/code_of_goverance_jan_2012final_updated_0.pdf.
At institutional level, the Code of Conduct for employees and members of governing authorises would include statements related to conflict of interest and outside employment.
In the financial memorandum signed by both the HEA and HEIs it is a mandatory requirement that they comply with the codes of governance for IoTs and universities, while their annual governance statement also confirms that the approved Code of Governance has been put in place and implemented, and that a Code of Conduct for Employees has been implemented and monitored. This Code of Conduct must cover conflicts of interest and limits on outside activities.
