““One day Seminar One day Seminar on IP, Technology on IP, Technology

Transfer and Transfer and InnovationInnovation””

3131stst April 2011 April 2011MUREDZI.P. MSc Eng MIPMUREDZI.P. MSc Eng MIP

School of Industrial Sciences & Technology

HARARE INSTITUTE OF TECHNOLOGY

A global ViewA global View “Intellectual property has been

transformed from a sleepy area of law and business to one of the driving engines of a high-technology economy,”

New York Times, April 5, 1999.

Need for an Need for an Intellectual Property Policy Intellectual Property Policy

for Universities and R&D for Universities and R&D Institutions.......Institutions...............

Current Characteristics of Most Universities and R&D Institutions in Developing Countries

• Compared with their counterparts in developed countries and in the emerging economies of Asia and Latin America, most universities and R&D institutions in developing countries are currently faced with several problems. These include the following amongstmany others:

Challenges…..Challenges…..• There is inadequate funding of education and R&D

activities by various governments. Coupled with this, most universities and R&D institutions currently do not generate much income from internal resources to supplement government funding. This unavailability ofadequate funds has caused universities to find it difficult to fulfil their missions adequately and achieve their objectives, as they have lacked the funds with which to:• provide quality training;• purchase laboratory and research equipment, and research consumables;• finance field attachments and practical exposure;• finance and make available modern information and communication technology.

Challenges…..Challenges…..• Owing to the low pay, universities and research

institutions are finding it increasingly difficult to attract and retain highly qualified and motivated staff and reverse the brain-drain problem.

• The level of transfer of knowledge from universities and R&D institutions and its utilization for the creation of national wealth is low. Consequently, the contribution of universities and R&D institutions to national development is insignificant.

• The links between R&D institutions and industry in most developing countries are weak compared with those encountered in developed countries and even in some Asian and Latin American countries. Consequently the flow of income to universities through consultancy, research contracts and the commercialization of inventions, innovations and research findings is very low.

Challenges…..Challenges…..

The infrastructure and facilities for R&D activities are inadequate and deterioratingfurther on account of lack of proper maintenance.

Objectives of an Intellectual Objectives of an Intellectual Property Policy for Universities Property Policy for Universities

andand R&D InstitutionsR&D Institutions• Intellectual property policy should bring harmony to

the conflicting interests of all the stakeholders in the generation and commercialization of a patent. Universities and R&D institutions should be dedicated to teaching and research, and to the dissemination of all new knowledge generated. The basic goal of an intellectual property policy should therefore be:

– to provide for the intellectual property generated at the institution;

– to promote the progress of science and technology;– to ensure that discoveries, inventions and creations generated by staff and students are utilized in ways most likely to benefit the public.

Objectives of an Intellectual Objectives of an Intellectual Property Policy for Universities and Property Policy for Universities and

R&D InstitutionsR&D InstitutionsIn general, an intellectual property policy should aim to achieve the following:

1.creation of an environment that encourages and expedites the dissemination of discoveries, creations and new knowledge generated by researchers for the greatest public benefit;

2.protection of the traditional rights of scholars to control the products of their scholarly work;

3.ensuring that the commercial results, financial or other, are distributed in a fair and equitable manner that recognizes the contributions of the inventors and the institution as well those of as any other stakeholders;

4. ensuring that both intellectual property and other products of research are made available to the public through an efficient and timely process of technology transfer;

Objectives of an Intellectual Objectives of an Intellectual Property Policy for Universities and Property Policy for Universities and

R&D InstitutionsR&D Institutions5. promotion, preservation, encouragement of and assistance to scientific investigation and research;

6. establishment of standards for determining the rights and obligations of a university or R&D institution, the creators of intellectual property and their sponsors, with respect to inventions, discoveries and works created at the institution;

7. encouragement of, assistance to and the provision of mutually beneficial rewards for a university or R&D institution and its members who transfer intellectual property to the public through commercialization and licensing;

•

Objectives of an Intellectual Objectives of an Intellectual Property Policy for Universities and Property Policy for Universities and

R&D InstitutionsR&D Institutions8. ensuring compliance with applicable laws and regulations and enabling a university or R&D institution to secure sponsored research funding at all levels of research;

9. ensuring that institutions are aware of the different IP systems in place in the countries where the acquisition of IP rights is sought;

Issues to be addressed by an Issues to be addressed by an Intellectual Property PolicyIntellectual Property Policy

• In order to harmonize the various conflicting interests of stakeholders and achieve broad-based objectives, an intellectual property policy for universities and R&D institutions should address some of the following issues:

1. coverage of intellectual property policy;2. ownership of intellectual property;3. disclosure of intellectual property;4. marketing, commercialization and licensing of patents;5. distribution of income;6. rights and obligations of an inventor and the

institution;7. other pertinent issues.

The HIT Draft IP Policy…The HIT Draft IP Policy…OverviewOverview

The Harare Institute of Technology through its charter has the most vital mandate of creation of knowledge and enabling its transfer and application to industry and commerce for the development of the economy. Harare Institute of Technology is an institution involved in technology incubation, transfer and commercialisation which is achieved through research and development activities of its various established units and outputs of new technologies, processes and services. Its motto being ‘Success through Innovation’ is an indicator of the importance it places to creation of inventions and other intellectual property outputs. This Intellectual Property Policy is therefore critical for the Harare Institute of Technology as it provides guidelines on issues that are pertinent in research activities and commercialisation of research findings.

The HIT Draft IP Policy…The HIT Draft IP Policy…OverviewOverview

• Key to this policy is the establishment of standards for determining the rights and obligations of Harare Institute of technology’s inventor(s) and other stakeholders with respect to inventions, discoveries and works created by Harare Institute of Technology’s various units. The policy also ensures that the commercial results, financial or other benefits, are distributed in a fair and equitable manner that recognises the contributions of the inventors and Harare Institute of Technology as well as other stakeholders.Above all this policy promotes preserves, encourages and aids scientific investigation and research.Implementation of this policy is vested in the Research Board and the Technology Transfer Office (TTO) as prescribed in the policy and in compliance with the laws of the Republic of Zimbabwe.

Policy ContentPolicy Content1.0. Objectives of the Policy 72.0. Application of Intellectual Property Rights (IPR’s 73.0 Types of Intellectual property Covered by the IP Policy 74.0 Ownership of Intellectual Property Rights 84.1. Applicable Intellectual Property 85.0. Revenue Distribution 9 6.0. Equity Interests 107.0. Publicly Funded Research 118.0. Significant use of Harare Institute of Technology administered

Resources9.0. Harare Institute of Technology Commissioned Work 1110.0 Contract Work of Staff Member by Private Entity 1211.0. Ownership of Intellectual Property Rights by the Inventor / Author

1211,1. Private Works 1211.2. Traditional Scholarly works1211.3. Theses 1212.0. Students, research assistants, graduates and visiting researchers

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Policy Content….Policy Content….13.0. Collaborative and joint projects 1314.0. Traditional Scholarly Works

1315.0. . Benefit / Revenue Sharing 1415.1. Concept of net income 1415.2. Equity 1415.3. Co-inventors 1415.4. Duration of royalty payments

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Dear participants….Dear participants….I kindly ask you to peruse through the Draft IP Policy and submit your reserved comments to the Senior Assistant Registrar - School Office during or after the seminar

I thank you!.....