Shared Intellectual Property CHALLENGES OF ACADEMIA COLLABORATING WITH INDUSTRY Per Mercke and Sara Ljung

Issues »Intro and Roles of University and Industry –Incentives and challenges –Lund University initiatives –Ownership of inventions »Case an example (Sara Ljung)

Raison d’être »Academia»Industry

Benefits and opportunities »All parties can benefit from the exchange of knowledge, data, technology, and experience. »Investigators benefit from financial support of their research. »Local communities can benefit from the influx of capital and the jobs created or supported by private money. »Private companies benefit from access to academic researchers, facilities, and resources. »Academic institutions benefit from external financial support for research and education.

Considerations when collaborating »Ethical issues may arise for the Academia, –financial conflict of interest (COI) that biases judgment or decision-making and undermines devotion to professional, ethical, or legal standards. »COIs can compromise the integrity of academic research and even erode the public trust in science

Incentives within (examples) Academia »Expand knowledge »Gain recognition »Prestige Industry »Generate profit »Competitors »Market need

Challenges »Trust »Uncertainty »Time »Kinds of output »Also from business (small) –Type of help, who, if universities the right partner But… The benefits certainly outweigh the risks!

Two examples of LU initiatives » » » »

In Sweden: Academic exemption (also Professor's privilege) »A teacher owns his or her inventions although the invention has been obtained with public funding.

Hypothetical case – Shared Intellectual Property SARA LJUNG

Collaboration University - Industry Example: Researchers at Lund University wish to collaborate with a private company in a Vinnova funded project. The project will last for three years and the participants from the University will consist of two senior researchers and one PhD-student. Patentable inventions are expected from the project.

Research Cooperation Agreement Research cooperation agreement recommended! Many issues to regulate, such as –Scope of project –Liability –Confidentiality –Financing –Background, results and ownership of joint IP

Joint ownership of intellectual property Ownership rights Payment of costs for protection of patents and right to represent Publication of results Use by one owner of joint IP Licensing

Ownership rights Joint invention – joint ownership? In case of joint ownership – equal parts in the invention or in proportion to the intellectual contribution? Other factors?

Publication Essential for academia Possible to agree on delays due to protection of IP so that novelty requirement can be fulfilled

Use of IP and Licensing Establish rights to use in a joint owner’s business Right to use for research and education Right to license to third party?

Dissolution of joint ownership Compensation Licenses Acquisition by one party