Resources
IP Ownership Policies
Research Councils and other funding institutions generally encourage the exploitation of research sponsored by grants and other funding, and expect the host organisation to play a proactive role in identifying and protecting intellectual property. The following is a brief outline of their policies on ownership of intellectual property rights. For further information, please contact the relevant organisation directly.
Biotechnology and Biological Sciences Research Council - BBSRC
"BBSRC positively encourages the exploitation of the results of all research it sponsors at universities, colleges and other research institutions". "BBSRC policy is to delegate responsibility for managing intellectual property arising from the work it supports to the host institution. BBSRC does not place prescriptive rules on the ownership of intellectual property in sponsored or collaborative research. The council advocates a flexible approach. The details of specific agreements between the partners on ownership, user rights and royalty payments should reflect the individual circumstances in each case."
"BBSRC itself usually makes no claim to the intellectual property rights arising from the research which it supports. It is BBSRC's policy that any results obtained in the course of research it supports should be exploited wherever possible, and that arrangements should be made to secure a suitable return to the institution and the generators of the intellectual property."
Engineering and Physical Sciences - EPSRC
"EPSRC itself usually makes no claim to the intellectual property rights arising from research that it supports, but delegates responsibility for it to the funded institution. EPSRC does not lay down any rules about the identification, ownership and management of intellectual property, since these should reflect the individual circumstances of each case. However, EPSRC expects that HEI's will have suitable mechanisms in place, particularly to ensure that the generators of the intellectual property, the researchers, and their institutions gain the appropriate benefit from its exploitation."
Economic and Social Research Council - ESRC
"The ownership of the intellectual property arising from a research project should be clear from the outset. The ESRC will assume that this will rest with the university or institution receiving the ESRC award, unless otherwise stated to the contrary."
Natural Environment Research Council - NERC
"Arrangements should be made to identify, protect and value any arising intellectual property and to secure a suitable return to the institution and the investigators through exploitation. Ownership of any intellectual property should be clearly set out prior to any collaborative work commencing and should be clarified prior to exploitation. Dual or multiple ownership should be avoided."
"In the case of studentships, the intellectual property ownership intitially lies with the student, however many universities have their own policy which is locally applicable. In many cases it is in the best interest of the student for ownership to be vested with the university which will have greater negotiating powers and is likely to be able to seek the best returns in any exploitation agreement."
Medical Research Council - MRC
"Ownership of any intellectual property arising from MRC grants is vested initially in the institution administering the award. The institution may retain these intellectual property rights or assign or license them to retain any income arising from its exploitation agreements."
If the intellectual property is developed by MRC employees, i.e. at an MRC Research Institute, then it will be first considered by MRC Technology, the MRC technology transfer organisation.
The Wellcome Trust
"The Trust wishes to encourage and, together with Trust-funded researchers and their host institutions, to play an active role in ensuring the protection and exploitation of the intellectual property arising out of the research that it funds." It requires that the host institution deal with its subsidiary Catalyst BioMedica Limited "in all matters relating to protection and exploitation of such intellectual property". The host institution should "ensure that all persons in receipt of Trust funding or working on Trust funded activity are employed or retained on terms that vest in the host institution all intellectual property which is created or acquired by any such person in connection with a Trust-funded activity". Catalyst should be informed of all intellectual property created or acquired in connection with a Trust-funded activity and permission should be sought prior to any exploitation activity. "Catalyst may require the host institution to agree to terms of exploitation including the sharing of the benefits rising from the exploitation."