1. Policies Promoting IP Development in Universities and Higher Institutions of Learning In Africa OGADA Tom WIPO National Workshop on Intellectual Property Strategy, Maputo, June 6-9m 2005

2. Content of Presentation Introduction Challenges to Universities and R&D Institutions in Africa Need for IP Policies in Universities Example of IP Policy -Moi University IP Policy Moi University Holdings Limited Conclusion

3. Introduction Role of Universities To train and develop manpower To generate new knowledge through research and development To contribute to national development through transfer of knowledge to society

4. Introduction Level of Realization of the mandates of the universities in Africa Mandate One Universities have been effective in training and producing manpower, but People are questioning the quality Due to lack of job opportunities, the relevance of training is being questioned

5. Introduction Mandate Two Universities are doing research and development, although NOT comparable with counterparts in Asian Tigers

6. Introduction Mandate Three Transfer of Knowledge generated to society has remained the weakest point of African Universities Pursuit for knowledge for the sake of it is a luxury which can not be afforded Universities must produce return on investment

7. Challenges facing African Universities Inadequate Funding Difficulties in Attracting and retaining qualified staff Weak Linkages with industries Low level of generation, protection and utilisation of IP Low level of technology Transfer

8. Challenges to Universities in Africa Experience from Europe, USA, Asia show that these challenges can be addressed through Provision of Consultancy Services and Short Courses Generation, Protection and Commercialization of IP Research contracts and sponsored research Start-up and spin-out companies

9. Challenges to Universities in Africa Effective Transfer of Knowledge from universities to Society requires Innovative and inventive support structures Conducive and enabling policies Most Universities in African Currently do NOT have structures and policies in place

10. Need for IP Policies Stakeholders in Commercialized IP Universities Inventors Researcher Students and research assistant Guest researchers Sponsor including industry Collaborators Government and Public

11. Need for IP Policies University University as a stakeholder since it provides R&D Infrastructure Salary Goodwill University has a say on the generation, protection and commercialization of IP generated using university recourses

12. Need for IP Policies Inventor The Inventor is a major stakeholder Develops proposals and Sources for R&D funds Undertakes R&D Intellectual inputs Inventor requires Adequate recognition and reward for intellectual input Need for publication and promotion must be safeguarded

13. Need for IP Policy Sponsors, industries and collaborators Provides R&D funds Equipment Research material Intellectual input The interests of the sponsors, industries and Collaborators must be taken care of

14. Need for IP Policies Government and Public Government and Public are major stakeholders General source of funding for R&D infrastructure and operation expenses Invest in universities Expects returns Cares that the benefits reaches the widest scope of the society at affordable cost

15. Need for IP Policies Technology Transfer Office Creates IP awareness Manages IP disclosure, filing and protection Markets IP and negotiates for licensing TTO Implements Obligation of University Obligations of Inventors Confidentiality

16. Need for IP Policy Summary IP Policy is required –to regulate the conflicting interests of the various stakeholders –Promote IP development

17. Issues covered by IP Policy Disclosure of IP Confidentiality Material Transfer Ownership of IP Sponsored research Collaborative research Publications IP Marketing and Licensing Revenue Distribution

18. Moi University IP Policy Justification To enhance collaboration with other institutions To protect the interest of Moi university To promote demand driven research To enhance technology transfer To generate income for Moi University To take care of the conflicting interests of the various stakeholders

19. Moi University IP Policy Objectives Promote creativity and innovation Provide guidelines for IP disclosures and protection Expedites knowledge and technology transfer Reward staff for inventiveness and protect their interests Ensure equitable sharing of commercial benefits Spell out obligations of all stakeholders in IP generation and commercial utilisation

20. Moi University IP Policy Ownership of IP by Moi University Where inventor has used significant university resources Where inventor is specifically hired or commissioned to do the project For sponsored project unless otherwise stated in the contract

21. Moi University IP Policy Ownership of IP by inventor Where inventor can prove that he did not use university resources Where the university is not interested to pursue the protection of the invention Where the university is not interested in commercial exploitation of the invention

22. Moi University IP Policy Publications, Theses and Dissertation Faculty, Students and Other employees shall own copyrights for their publications Publication of students Theses and Dissertations shall only be allowed after screening for IP Filing application for protection shall be considered for academic promotion

23. Moi University IP Policy Obligations of the University Ensure confidentiality with respect to inventor during disclosure Support commercialization of IP assets and technology transfer Ensure that the inventor is equitably rewarded for invention Provide mechanism for dispute resolution

24. Moi University IP Policy Obligation of the inventor Prompt disclosure of inventions Assist throughout process of registration and commercialization Respect commitments made in license, contract and sponsored research Disclose all potential conflicts of interests

25. Moi University IP Policy Distributions of net revenue Inventor IP Fund Inventors research Inventors department and faculty University wide research fund Technology Transfer Office

26. Implementation of Moi University IP Policy Technology Transfer Office Sensitize staff regarding IP Asses the potential of IP Evaluate the commercial potential of IP Obtain appropriate IP protection Locating commercial partners Negotiation and licensing Promoting use of patent documentation

27. Implementation of Moi University IP Policy Agreements required Participation Agreement Material Transfer Agreement Confidentiality Agreement Contract Research Agreement Disclosure Agreement Consultancy Agreement

28. Strategies for developing IP Procure commitment from the Top Appoint a drafting team- internal, external, a driver Educate the stakeholders Discussion of the drafts by various stakeholders Public launching

29. Moi University Holdings Ltd Wholly owned by Moi University Incorporated in 2000 Started operating in 2003 Driving force for IP in Moi University Mission Contribute toward national development and wealth creation through marketing of university expertise, services and products

30. Moi University Holding Ltd Selected achievements to date Moi University IP Policy WIPO-University Initiative focal point since 2002 Registered 40 staff for WIPO Academy IP distance learning, 8 completed Filed a national and PCT application Negotiating licensing of one technology and one plant variety Trained 45 staff on management of consultancy services 2005, won the first industrial consultancy job Has developed a strategic plan (2005-2008) Offer consultancy services in IP

31. Conclusion In the development and commercial exploitation of IP in Universities, there are several stakeholders There is need to have IP policy to manage the conflicting interests of these stakeholders