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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 19676 00202 Nairobi © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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HUMAN MIND? © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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1946, 27 T, 63 m 2 US Army-Ballistics Research Lab 1 st DIGITAL COMPUTER © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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UNIVERSITY OF NAIROBI INTELECTUAL PROPERTY POLICY, 2013 HIGHLIGHTS © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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IP POLICY.. Article 12: IPMO – An advisory service office for: Staff and Researchers Students Administrators Industrial representatives Society © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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IPMO.. REVIEW DISCLOSURES Potential new IP Protectability of IP Marketability of IP Agreements for appropriate IP language © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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…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 http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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Invention/Innovationdisclosure IS ---- A CULTURE OF TOP WORLD CLASS UNIVERSITIES!!!!!! © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke DISCLOSURE?
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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 http://www.uonbi.ac.ke
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IPMO.. INVENTION DISCLOSURE –WHERE? IPMO © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke
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FIRST TO FILE © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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IPMO … WHAT TO DO? AWARENESS Create AWARD SYSTEM FOR INNOVATION AND CREATIVITY © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke
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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 http://www.uonbi.ac.ke
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THANK YOU VERY MUCH © UoN, 2013 ISO 9001:2008 Certified http://www.uonbi.ac.ke
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