UNIVERSITY OF NAIROBI Training Workshop on Intellectual Property Rights (Jun17-18,2013, Heads Dept, sonu, champs) Intellectual Property Management Office UNITID Building, KNH Campus Next to Medical Library P. O. Box Nairobi © UoN, 2013 ISO 9001:2008 Certified

Intellectual Property(IP)  Property of the mind or human intellect  Property is that which is owned by a person, whether natural or legal.  Property can be:  Tangible Property (chair, car)  Intangible (Intellectual Property - (IDEAS) - © UoN, 2013 ISO 9001:2008 Certified

HUMAN MIND? © UoN, 2013 ISO 9001:2008 Certified

IP..  Product of creativity and innovation.  Property - commercial value  IP Rights protection stops others from using the property, unless they have permission from the owners  Protection of IP - to stimulate and promote further creativity. © UoN, 2013 ISO 9001:2008 Certified

 1946, 27 T, 63 m 2 US Army-Ballistics Research Lab 1 st DIGITAL COMPUTER © UoN, 2013 ISO 9001:2008 Certified

 MUST BE CONVERTED into a tangible form so that it can be:- sold assigned leased licensed developed mortgaged exploited IP… © UoN, 2013 ISO 9001:2008 Certified

IP… There are three main branches of IP: Industrial Property Copyright and Related rights Plant breeders rights EMERGING IP CHALLENGES  Protection of Traditional Knowledge, genetic resources and cultural expressions  Biotechnology, Domain names in the internet  Copyright in digital environment © UoN, 2013 ISO 9001:2008 Certified

UNIVERSITY OF NAIROBI INTELECTUAL PROPERTY POLICY, 2013 HIGHLIGHTS © UoN, 2013 ISO 9001:2008 Certified

INTELLECTUAL PROPERTY POLICY, 2013 ARTICLE 1: OBJECTIVES  To protect the rights of the University, its innovators, inventors, creators, breeders, research sponsors and the public;  To ensure fair and equitable distribution of all benefits accruing from all innovations, creations, inventions and breeding activities.  To optimize the environment and incentives for research and for the creation of new knowledge; © UoN, 2013 ISO 9001:2008 Certified

Article 6: Notification and Compliance  All staff, students, fellows, visitors, persons and institutions shall be required to comply with the provisions of this Policy.  Where a visitor is already subject to the terms of an intellectual property policy of his or her parent institution he or she shall inform the UoN of such an obligation in a timely manner. Negotiations IP 2013… © UoN, 2013 ISO 9001:2008 Certified

 ALL shall be subject to this Policy and shall be required to sign the UoN Intellectual Property Policy Acceptance Agreement Form. All applications and/or processes in the University shall be subject to this Policy.  Backgroung IP ( previous employment, research) to be declared within three months Article 6: Notification and Compliance… © UoN, 2013 ISO 9001:2008 Certified

IP 2013… ARTICLE 8: OWNERSHIP OF INTELLECTUAL PROPERTY  Ownership - ALL IP CREATIONS BELONG TO THE UNIVERSITY  Reassignment ownership to the innovator, inventor, creator  Student ownership  Texts of student theses and dissertations, and works © UoN, 2013 ISO 9001:2008 Certified

IP POLICY … ARTICLE 11: WAIVER OF UNIVERSITY RIGHTS  UoN determines not to protect, license or commercialize that intellectual property.  UoN determines to abandon all efforts to protect or commercialize the intellectual property. © UoN, 2013 ISO 9001:2008 Certified

IP POLICY.. Article 12: IPMO – An advisory service office for: Staff and Researchers Students Administrators Industrial representatives Society © UoN, 2013 ISO 9001:2008 Certified

IP POLICY.. Article 19: Royalty Distribution of Net Revenues  Innovator/creator/breeder 40%  College, School/Department/ Institute/Laboratory/Library 25%  IPMO including other contributors 30%  Endowment fund for IPMO 5% Total 100% © UoN, 2013 ISO 9001:2008 Certified

IPMO.. REVIEW DISCLOSURES Potential new IP Protectability of IP Marketability of IP Agreements for appropriate IP language © UoN, 2013 ISO 9001:2008 Certified

IPMO.. NEGOTIATE IP agreement clauses for benefit of UoN, researchers & creators Licenses, contracts and other IP matters- use UoN name © UoN, 2013 ISO 9001:2008 Certified

IPMO.. TOOLS  MoU  Agreements Non- Disclosure Agreement (Confidential Disclosure Agreement ) Disclosure form Collaborative Research/Training Agreements Clinical Trials Agreements Material Transfer Agreement Technology Transfer Agreement License Agreement © UoN, 2013 ISO 9001:2008 Certified

 BIG POTENTIAL FOR EARNING PERSONAL INCOME BEYOND WHAT IS NOW AVAILABLE  FEAR THAT THE UNIVERSITY WILL NOT ADEQUATELY REWARD THE INDIVIDUALS  WINES, DETERGENTS, YOGHURT, SPECIAL BUILDING MATERIALS, DESIGNS  LICENSING OUT IGU- TECHNOLOGY TRANSFER © UoN, 2013 ISO 9001:2008 Certified

…IMPLEMENT IP POLICY Article 19: Royalty Distribution of Net Revenues  Innovator/creator/breeder 40%  College, School/Department/ Institute/Laboratory/Library 25%  IPMO including other contributors 30%  Endowment fund for IPMO 5% Total 100% © UoN, 2013 ISO 9001:2008 Certified

 Scientists routinely exchange materials  This has brought about litigations and bad blood  Define the terms and conditions under which the recipients may use the material,  John Moore, Bogoria detergent, fabric  Seeds, body fluids, diseased parts, soil - MTA MTA © UoN, 2013 ISO 9001:2008 Certified

WHAT TO ASK Use of Research Notebooks!!! Is this new? Can this be of commercial value? Should I throw or give away the UoN, MY PROPERTY for FREE?? Can this improve human kind lifestyle? Can this (PROPERTY) be protected? Invention Disclosure FORM –IPMO © UoN, 2013 ISO 9001:2008 Certified

Invention/Innovationdisclosure IS ---- A CULTURE OF TOP WORLD CLASS UNIVERSITIES!!!!!! © UoN, 2013 ISO 9001:2008 Certified DISCLOSURE?

 Hi, I think I have something here  Publication and public disclosure, including to industry players, before filing = SUICIDE!!! DISCLOSURE © UoN, 2013 ISO 9001:2008 Certified

IPMO.. INVENTION DISCLOSURE –WHERE? IPMO © UoN, 2013 ISO 9001:2008 Certified

FIRST TO FILE © UoN, 2013 ISO 9001:2008 Certified

IPMO.. CHALLENGES  LOW DISCLOSURE TO IPMO  DISCLOSURE TO WRONG GROUPS -SUICIDE Conferences, public meetings, industry players, open days, exhibitions, theses, dissertations – PUBLIC DOMAIN LOSS OF EARNINGS FOR INDIVIDUALS AND UoN © UoN, 2013 ISO 9001:2008 Certified

IPMO … WHAT TO DO?  AWARENESS  Create AWARD SYSTEM FOR INNOVATION AND CREATIVITY © UoN, 2013 ISO 9001:2008 Certified

THE ONE MILLION DOLLAR QUESTION CAN THE NUMEROUS RESEARCH ACTIVITIES AND INFRASTRUCTURE AT UoN BE TRANSLATED INTO A MAJOR REVENUE STREAM FOR RESEARCHERS AND THE UNIVERSITY FOR THE BENEFIT OF THE SOCIETY? YES ! © UoN, 2013 ISO 9001:2008 Certified

THANK YOU VERY MUCH © UoN, 2013 ISO 9001:2008 Certified