The National IP Protocol 2019 is a national framework that sets out how Intellectual Property arising from Industry collaborative, contract and consultancy engagements should be managed.
In summary, ownership of intellectual property arising from industry engagement is managed depending on the type of engagement and the associated source of funding as outlined below:
- Research programmes fully funded by state agencies (e.g. SFI, HRB):
RCSI owns any IP developed under the project and retains rights for teaching and research after commercialisation. RCSI is free to negotiate exclusive or non-exclusive licenses with industry in defined fields and territories once the IP is created. - Research programme co-funded by industry:
Subject to the terms of the funding mechanism the preferred starting point for negotiation set out in the National IP Protocol is that RCSI owns the project IP and the industry partner has option to license this IP on preferential terms. Access to background IP necessary to commercialise the Foreground IP is through license agreement. - Research programme fully-funded by industry
Industry partner owns Project IP and RCSI retain the rights for teaching and research purposes only.
Please note it is particularly important to consider what IP is in existence prior to the commencement of the project with an Industry Partner (“Background IP”) will be required to complete the project. It is important that such Background IP is identified prior to introducing it to the project and that any associated restrictions of use are clearly identified.
For more information please contact RCSI’s Head Strategic Initiatives & Industry Partnerships, Seamus Browne.