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Intellectual Property Protocol

Dáil Éireann Debate, Tuesday - 4 April 2017

Tuesday, 4 April 2017

Ceisteanna (252)

Carol Nolan

Ceist:

252. Deputy Carol Nolan asked the Minister for Education and Skills the name of the body tasked with the oversight of the national intellectual property protocol; and if he will make a statement on the matter. [16208/17]

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Freagraí scríofa

Knowledge Transfer Ireland (KTI), established by Enterprise Ireland in partnership with the Irish Universities Association, is the custodian of the national IP Protocol.

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 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.

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.

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