Intellectual Property Policy Status Issue date: Approved by: Review date: Owner: 1. XXX R&D Director Expiry date: Introduction As an integral part of its commitment to delivering the best possible standard of patient care and its commitment to developing its staff, the Health Board (HB) / Trust recognises the importance of encouraging and enabling staff to participate in the generation and exploitation of intellectual property (IP). The core objectives of this policy are: To ensure that any IP arising within the HB/Trust that has the potential to benefit patients and the health service is identified, assessed and developed to its maximum potential. To give guidance to staff as to the best course of action if they believe they have created IP and to support them as best possible. To ensure that staff receive appropriate tangible benefits, including revenues, from any profits of the commercialisation of IP that was created by them. Legislation effective in Wales explicitly gives the HB/Trust the legal power to “develop and exploit ideas and exploit intellectual property”1. The Research Governance Framework for Health and Social Care in Wales says “Consideration must be given to the exploitation of intellectual property rights2” and makes several other references to IP. . 1 Health and Medicines Ac t 1988 Section 7(2) applicable by virtue of the Government of Wales Act 2006 2 wales.gov.uk/docs/dhss/governance/090929researchen.pdf (2.6.3) 1 In turn, the policy “Framework and guidelines for the management of intellectual property in the NHS in Wales” (2005)3 encourages the HB/Trust to audit, protect and exploit ideas and IP for the benefit of patients. It is the HB/Trust's intention to take this task seriously and to promote activities in this area. Through this policy the HB/Trust recognises its role and the important role its employees have in creating and exploiting IP. NHS employees should be able to participate in the commercialisation of IP that they have generated, provided that they have created or contributed knowledge to its value, while ensuring that the conditions of probity are met. The protection and commercialisation of IP are often the best way of progressing proven ideas for the enhancement of patient care. The HB/Trust will work with staff within the legal framework of the HB/Trust and IP law to ensure that patients will benefit from the innovations of staff and also that the staff who contributed intellectually to generating the ideas leading to innovations receive tangible benefits, which can include financial benefits, from their contributions. The Research and Development (R&D) office, whose contact details are set out in Annex B, will ensure that ideas submitted to it are reviewed in a thorough manner. Where the HB/Trust identifies innovations that have the potential value for the patients and the health service, it will use its best endeavours to ensure those innovations are given the maximum opportunity for development. This may involve working with partner organisations and advisory functions. In particular, the R&D Office will seek to access or facilitate funding and provide advice to support ideas which have been identified for development by the designated HB/Trust IP committee (the “IP Committee) whose contact details are set out in Annex B. In order to achieve its core objectives this policy aims to ensure that: There is a process in place for ideas disclosure and evaluation which is timely, transparent and supportive. The responsibilities of staff are clear. 3 www.wales.nhs.uk/sites3/docopen.cfm?orgid=952&id=190771 2 The support role of the R&D Office is clear. The ownership of IP related to the disclosure of an idea is established clearly at the outset by the R&D Office. The ownership and management of IP arising from collaborative projects with other organisations, e.g. universities, is clear and supports innovation. Where the HB/Trust does not have the first right to assume ownership of IP generated by a member of its staff it will offer that member of staff the opportunity to assign ownership of the idea to the Trust/HB. In return, the Trust/HB will take on the responsibility and resource burden to develop the idea and ensure that the member(s) of staff receives the appropriate financial return if the IP generates profits. The apportioning of revenue from any profits of commercialisation is clear and there is a thorough process to implement revenue sharing. There is a clear framework governing the ownership and management of the results and associated IP arising from collaborative research projects. The policy on the establishment of spin-out companies is clear. Potentially exploitable IP is protected appropriately. There is a transparent process to resolve any disputes. 2. Definition of IP IP is a type of intangible asset and can be defined as the product of intellectual or creative activity that can be given legal recognition, for example through the "traditional" intellectual property rights such as patents, copyright, design rights or trademarks, or confidentiality agreements as well as medical marketing authorisations 3 and regulatory certifications (see Annex A). For more information about IP please visit the Intellectual Property Office website (www.ipo.gov.uk) While IP can and often does arise from formal research projects, it is not limited to the outputs of research studies and can be generated in many other ways. For example, IP may arise as a result of staff trying to find a solution to a problem or designing a new device based on their experience while working with other staff and patients. It should be noted that IP law is complicated and the scope of IP rights - what can be protected and what cannot be protected - is often a grey area. Members of staff are advised to contact the HB/Trust IP Coordinator at the earliest opportunity to discuss in more detail the relevance of IP protection to their ideas and any expression of those ideas. It is best to assume in the first instance that an idea you have will potentially be protectable by some form of IP right once something tangible is created as a result of that idea. 3. Persons potentially covered by this policy: All staff that are full or part time employees of the HB/Trust. Staff employed by the HB/Trust whose payroll costs are partially or wholly funded by another party (e.g. medical charity, a government department or university). Staff part-employed by the HB/Trust and who are also self-employed or otherwise employed part-time, for example clinicians with honorary university contracts. Academic staff of associated universities with honorary clinical contracts. Trainee professionals and students hosted by the HB/Trust. HB/Trust staff seconded to another organisation or employees of another organisation hosted by the HB/Trust under contract are subject to the 4 arrangements for the ownership of IP agreed between the HB/Trust and that organisation. Please note that the applicability of this policy may be subject to a person’s employment contract or any other terms upon which a person is engaged by the HB/Trust. 4. Staff obligations Staff are asked to inform the R&D Office about any potential IP they have developed that is connected with their work in and for the HB/Trust. You should refer to the provisions of your contract of employment regarding IP ownership issues Staff must not under any circumstances, disclose, sell, assign (transfer), license, give away or otherwise trade in IP before consulting the R&D Office. This is to protect the possibility of being able to develop such IP, particularly technical inventions, and also to protect the HB/Trust’s and staff members' interest. 4.1 Publications, disclosures and confidentiality Prior disclosure of technical information can compromise or rule out any subsequent patent protection. If staff have any questions about the consequences of disclosing information in relation to potential IP protection, especially outside the HB/Trust, they are invited to contact the IP Coordinator to discuss the matter as detailed in Annex B. The Intellectual Property Office (IPO), the UK government’s authority for IP, provides guidance about confidentiality and template examples of Non-Disclosure Agreements (NDA) also known as Confidential Disclosure Agreements (CDA).4 If staff enter into an NDA with someone it is important that it is signed by a person with the appropriate authority. In general, the R&D Office will countersign NDAs on behalf of the HB/Trust and ensure that the appropriate records are kept. 4 http://www.ipo.gov.uk/whyuse/business/business-support.htm. You are advised to read the document “Non Disclosure Agreements” before using one of the template NDAs. 5 Approaching confidentiality requires a balanced approach. On one hand it might often be important that in order to get an idea off the ground staff will need to consult others about it. Indeed the right partnerships can greatly enhance the chances of developing and commercialising IP. On the other hand, staff will need to ensure that their idea will be capable of IP protection. In particular, for “technical” ideas patent law demands that an idea must have not been made “available to the public” before a patent application was filed. What amounts to public disclosure depends on the circumstances but it is best to assume that a disclosure to anyone that is not protected by a valid NDA could amount to a “public disclosure”. Also staff will need to consider the likelihood that the party to whom they may disclose an idea behaves dishonourably and “steals” it or inadvertently discloses it to someone else. Ideally, an NDA, as the IPO guidance suggests, should be drawn up by a lawyer but in the grand scheme of things in scoping the feasibility of a new idea, legal costs may be prohibitive. In this event you may find that a template NDA appropriately suits the required purpose in the circumstances of a particular discussion or other communication with a third party. In essence, confidentiality requires a ”risk-benefit” assessment in the context of the resources required to protect confidentiality balanced against the benefits of disclosing information to relevant third parties in order to progress an innovation. In any event, the R&D Office will be able to advise you on the approach to be taken if you are considering disclosing an idea to third parties. 4.2 Record keeping It is essential that staff working on projects that are likely to generate IP keep detailed written, dated records of their activities and results. It is imperative that all correspondence, including emails, telephone conversations and meetings are logged to provide a detailed account of any discussions relating to the IP. In general, good record keeping is a fundamental requirement of good clinical practice and research governance. 6 The IP Coordinator is responsible for keeping a register of all the IP owned by the HB/Trust including the date and time it was reported to the R&D Office. It is also their responsibility to keep safe any important original documents, such a confidentiality disclosure agreements relating to IP. It is advisable that members of staff associated with the IP should also retain copies of these documents. 4.3 Manager's responsibilities Directors, Heads of Departments and managers are responsible for ensuring that there are satisfactory mechanisms in place to ensure that staff are aware of and understand their obligations under this policy. 5. Roles and responsibility of the R&D Office It is the responsibility of the HB/Trust to review, manage and protect IP in the interest of patient benefit as it sees fit. This responsibility is delegated to the R&D Office. Certain decisions, for example involving funding, will be taken by the HB/Trust IP Committee. The HB/Trust has a dedicated IP Coordinator whose details are set out in Annex B and who should be contacted if you have an idea you think is worthy of consideration for development or any other queries about innovation and IP. The R&D Office will endeavour to secure the relevant resources to enable staff to develop their ideas and associated IP. In particular, the R&D Office will provide advice and where appropriate seek advice or signpost staff to other sources of information and support. The IP Coordinator’s role will be to: Provide a contact point for HB/Trust personnel seeking advice on IP. Increase the profile of IP and educate staff appropriately in the HB/Trust, for example by facilitating awareness raising and training sessions for staff. Provide an appraisal service for ideas for consideration by the IP Committee. 7 Manage external patent attorneys or other lawyers which may include drafting and agreeing outline documents with inventor(s) to submit for potential patent filings. Provide a report to the IP Committee on the IP status of the HB/Trust and contribute to IP strategy and implementation of this IP policy. Coordination with partners and national bodies in relation to IP management. Market and manage funding calls relating to innovation and IP. 5.1 Ideas disclosure The HB/Trust will provide standard templates for staff and personnel to submit their ideas which will then be considered by the IP Committee on a regular basis. A template can be found at Annex C (the “Ideas Disclosure Form”). Annex F outlines the general process for the disclosure of ideas. The HB/Trust will work with you to evaluate the potential of the IP and create a forward plan for its management and exploitation if that is appropriate. The Ideas Disclosure Form asks you, the person disclosing the IP, to detail your idea, explain its originality/inventiveness, how it can benefit the health service, and patients, either directly or indirectly The R&D office is an official function of the HB/Trust. Therefore any disclosure made to the R&D Office including to its staff, e.g. through the Ideas Disclosure Form, is deemed as a confidential disclosure and will be keep confidential by the R&D office. In seeking to establish the originality/inventiveness of an idea you may wish to investigate it online. The R&D Office can advise on patent searches in the case of technical ideas. We emphasise that you should not disclose your idea to anyone apart 8 from research collaborators with whom you are bound by a viable contract which includes provisions for confidentiality, as this might jeopardise subsequent IP protection. Please do consult the R&D Office at an early stage if you have any questions about this and especially if you are uncertain about the implications of disclosing an idea to others. 5.2 Audits Further to the invention disclosure process the R&D Office will conduct audits of IP within the HB/Trust at regular intervals and inform the IP Committee of their findings. It is important that staff consider this as a partnership process rather than an "investigation" and work with the R&D Office to their mutual benefit. 5.3 Training The HB/Trust will work with partners to develop and deliver training and awarenessraising sessions for staff about ideas development, innovation and related intellectual property issues. 5.4 Due diligence When an idea or potential invention is notified to the IP Coordinator, a process of due diligence will be carried out to identify all of the contributors, their employment status and their contribution to the idea/invention. In the event of technical ideas this will be carried out before instructing a patent attorney for potential patent filings. Staff are asked to provide all records as necessary to facilitate this process. 5.5 Partnering with universities or other organisations to develop IP A HB/Trust may for example partner with its neighbouring university’s IP/commercialisation facility to utilise their infrastructure and expertise. In this event both the inventor and the Health Board/Trust will agree in clear terms the nature of the relationship with the partner university or other organisation. This agreement should be underpinned by two clear criteria: (i) that the development and commercialisation of the IP delivers benefits to patients and the HB/Trust; (ii) that the inventor(s) retain the rights to receive an appropriate level of income in the event that 9 commercialisation of the IP generates profits. In these circumstances, it is suggested that the default will be for the HB/ Trust to retain ownership of IP which arose from HB/Trust staff, either part-time or full time outlined in section 3 above. There will need to be agreement on benefits to the partner organisation, for example a percentage of revenue in the event that the IP generates profits. To achieve this it is suggested that a formal partnership agreement is put in place with a university or other organisation if the HB/Trust intends to use their services .This can be useful in helping to build long-term, productive strategic relationships between the organisations concerned. 6. Role and responsibility of the IP Committee The IP Committee will comprise those persons set out in Annex B (as may be amended from time to time) The IP Committee will be responsible for deciding on whether an idea should be progressed and reviewing the implementation of this policy. The IP Committee will meet on a regular basis as detailed in Annex B to review ideas disclosures. In particular, the IP Committee will take decisions regarding the protection of IP and its exploitation, for example licensing or collaboration with external organisations or companies. It will review ideas disclosures submitted to it by the R&D Office and also audits conducted by the R&D Office. The IP Committee will be responsible for approving the appointment of professional legal advisers, e.g. patent attorneys, where required and will consult with departmental lawyers as necessary. 7. Ownership of IP The ownership of IP can be a complex issue and subject to misunderstanding. The HB/Trust will work with all members of staff in an open and transparent manner to ensure that they fully understand all the implications regarding ownership of IP and all the options available to them so that their best interests are served. The HB/Trust will endeavour to ensure that innovations are developed for maximum patient benefit and that those staff who made an intellectual contribution to the innovation receive tangible benefits in reward for their contribution. What is important to bear in mind is 10 that it is not necessary to own IP to benefit from it. Ownership brings an administrative burden and often costs5. There are provisions in IP laws which concern ownership and employees. For example, copyright law states that written works (and other works covered by copyright) generated in the course of employment belong to the employer 6. The Patents Act is more detailed. It says that if an invention was created in the normal course of an employee's duties, or specifically assigned to them or that the employee owed a special obligation to the employer then the employer owns an invention. In all other circumstances the employee owns the invention. Both patent law and copyright law allow agreements to be made between the employee and employer which can allow one party, either the employee or employer, to transfer the legal ownership of IP to the other party7. Of course, if a member of staff wishes to develop an idea they have conceived on their own which clearly lies outside their role in the HB/Trust they are free to do that (subject to any conflicting terms in their contracts of employment) but it is advised that they consult the R&D Office so that both they and the HB/Trust are clear about the potential consequences for both. The HB/Trust sees itself as a partner in helping staff develop their ideas even if they were developed outside the remit of their employment. The IP Coordinator and R&D Office might be able to help improve the employee's chances of making progress with their ideas, for example by helping staff secure the necessary funding, using the HB/Trust innovation management resources and being able to test the innovation the NHS. 7.1 Copyright policy The HB/Trust may often transfer ownership of copyright to the author of the work although the HB/Trust will retain the right to use the work at no cost for its own non- 5 For a more detailed account of ownership of IP please see the "intellectual asset management for universities" published by the Intellectual Property Office (2011) which provides a contemporary overview of the issues relating to IP ownership, particularly in regard to publicly-funded organisations. 6 The Copyright, Designs and Patents Act (as amended) 1988 http://www.ipo.gov.uk/cdpact1988.pdf 7 The Patents Act 1977 http://www.ipo.gov.uk/patentsact1977.pdf 11 commercial purposes. However, the HB/Trust may wish to retain the ownership of copyright for some particular items, for example: Course or training material Patient information Software programmes Designs Specifications and protocols Photographs and other images If you think it would be of mutual interest and of benefit to patients and society to have the copyright in your work transferred (assigned) to you please contact the IP Coordinator. 8. Staff rewards policy The HB/Trust wishes to encourage full participation of employees in the creation and commercial exploitation of IP. This policy therefore lays out a set of conditions under which staff can receive tangible rewards as a result of the intellectual contributions to the generation of IP which is commercialised. This can be done in two ways: (i) to share revenue where the HB/Trust receives any profits from IP exploitation: (ii) to allow staff to participate in and hold equity in spin-out companies. 8.1 Revenue sharing In all cases the shared revenue will be the net income attributed [by the HB/Trust] to an IP right minus any costs incurred by the HB/Trust in bringing the product to market. The HB/Trust, exercising probity, will put robust systems in place to administer and calculate income arising from IP commercialisation. Revenue will be shared between the HB/Trust and the inventor according to the revenue sharing formula. In cases where several staff have been involved in generating the IP, the proportion of revenue allocated to inventors will be divided between them evenly unless it can be demonstrated and agreed that the contribution of individuals varies significantly. 12 The HB/Trust will ensure that any profits arising from the exploitation of IP which have been disclosed by and generated by a member staff identified to the R&D Office on the following terms: In all cases the shared revenue will be the net of any remaining monies after reasonable protection and exploitation costs have been deducted e.g. the costs incurred by the researcher, the clinical directorate within which the research work took place, R&D manager and /or any HB/Trust departments directly contributing resources to the development process, patent or other legal costs, or marketing costs. Where the employee produces more than one item of IP, the income from subsequent IP - unless the subsequent IP is unrelated - will be aggregated with that from the first IP for the purpose of determining the employee's share according to the sliding scale of net revenue. Where there is a contracted agreement with a funding sponsor to share revenue from successful exploitation of IP arising from research funded by that sponsor, the cumulative net revenue to the HB/Trust is the income from exploitation remaining after deduction of the sponsor's share and other costs as above. Annex E shows some examples of revenue-sharing schemes and the apportioning of income between inventors, their departments and institutions. Each HB/Trust should give very careful consideration to the appropriate revenue sharing for its purposes. 8.2 Spin-out companies Health legislation allows the NHS to set up companies for the purposes of commercialising IP and for staff to participate in them. Another option to revenue sharing therefore is to offer staff the opportunity for an equity stake in or a position on the Board of a company connected with IP which they have generated. Certain conditions need to be met regarding participation in spin-out companies which your IP Coordinator will be able to discuss with you. Authorisation to set-up spin out companies will be dependent on a successful business case to the Welsh Government’s NHS Finance Division, as required by the 13 legislation. The HB/Trust taking a shareholding in the spin-out company will have a HB/Trust employee nominated, by the HB/Trust Chief Executive, to its Board or as an observer to the Board, with a residual right to appoint a Director if it desires. This employee will have sole responsibility to support the development of the company, providing this does not give rise to a conflict of interest with their duties of employment. 9. Collaborative research projects The HB/Trust actively encourages its staff to work collaboratively with other organisations to promote research and innovation. It is widely recognised that the issue of IP in collaborative research can be complex. The HB/Trust aims to provide a framework whereby those that generate ideas are able to use them and are rewarded for their efforts whilst ensuring that the appropriate level of control is in place to ensure that any IP arising from collaborative research always benefits patients and facilitates the collaborative process. It is therefore important before embarking on a collaborative venture that all parties, the researchers, contract managers and funders, agree the principles of the collaboration. These can be set out in a Heads of Terms (HoT) which allow research decision makers to identify in plain language what they regard as the key issues before instructing their lawyers to draw up a formal agreement (See Annex D). 10. Dispute resolution If any disputes arise the HB/Trust will seek to overcome them by informal processes in the first instance. The R&D Office is here to provide support and, to work in partnership with you. By discussing issues and keeping in touch with your R&D Office we hope that the likelihood of disputes occurring will be rare. If, however, disputes cannot be resolved by informal means a process will be put in place in which you will have recourse to a decision of the Chief Executive Officer of the HB/Trust. 14 Annex A IP Protection This annex includes a very brief overview on some aspects of IP protection. For more detail please consult the Intellectual Property Office website "types of IP" section www. ipo.gov.uk/types.htm. This information is provided for guidance purposes only and is not intended to constitute a definitive or complete statement of the law on IP, nor is any part of it intended to constitute legal advice for any specific situation. It should be noted that IP law is complicated and the scope of IP rights - what can be protected and what cannot be protected - is often a grey area. Members of staff are advised to contact the IP coordinator at the earliest opportunity to discuss in more detail the relevance of IP protection to their ideas. In essence, is best to assume in the first instance that your idea is potentially protectable by an IP right. Know-how "Know-how” (also known as a "trade secret") is any information that is not in the public domain which has an assumed value. Know-how is often the most valuable of all IP assets. For example, it can be the knowledge about how to perform a procedure or to create a product or process. Know-how can be identified and protected by a Non-Disclosure Agreement (NDA) agreement (also known as Confidential Disclosure Agreements (CDA). When working with other parties NDAs can be reciprocal agreements whereby the boundaries of confidential information that is disclosed and received is identified and obligations on both receiving and disclosing parties are detailed. An NDA may be obtained from the R&D Office. Know-how and confidential information can be bought, sold, licensed or traded like any other forms of IP and persists indefinitely, as long as it remains covered by the terms of an NDA. 15 Copyright Copyright covers a wide range of works including written and graphical information such as leaflets, articles, assessment tools, training packs, databases, computer software, “Apps” and films/videos, drawings and the 2-D representation of 3-D structures. Copyright is an automatic unregistered right that subsists if the work is "original". The requirements for originality are low. Therefore it is best to assume that copyright will subsist in all written, graphic or photographic works generated by staff. It is advisable to attach a statement to any works such as: Copyright XX Health Board/Trust Date XX. All rights reserved. Not to be reproduced in whole or in part without the permission of the copyright owner. However, you may decide to designate certain areas of activity for which permission does not have to be obtained. For example "non-for-profit organisations such as NHS Health Boards and Trusts, may reproduce this work solely for the purposes of teaching or further non-commercial research. In all other circumstances the permission of the HB/Trust must be obtained". Patents Patents can be used to protect "technical" inventions that are new and have a utility. The vast majority of ideas will have potential utility. In Europe and the majority of countries in the world "new" means that all of the features of the invention must not have been made available to public in a single disclosure anywhere in the world prior to the patent filing date. A public disclosure can be written, verbal or by any other means (e.g. journals, internet, meetings, posters, etc) and could merely be the result of a conversation between friends. To qualify as a patentable invention the idea must also not be obvious. The assessment of what is obvious is a complex area of patent law and in the first instance it is best not to concern yourself with this criteria. In the UK, some inventions are specifically excluded from patenting where those inventions consist entirely of methods of treatment by surgery or therapy or diagnostic methods. However, these inventions are patentable in other countries, notably the USA. Excluded inventions are also a complex area of patent law and if you think you have an invention which lies in an excluded category please consult the IP Coordinator in the first instance. However, it is best not to assume an invention is excluded in the first instance. 16 Design Rights Design Rights protect against the copying of the shape or configuration of an article. Design Rights may exist in addition to other forms of protection offered by patents or copyright. The "Design Right" The "unregistered" Design Right as it is known, similar to copyright is an automatic right and can last up to fifteen years. It can protect the 3D features of an article, internal and external features, but there are a number of exclusion for example where the article is dependent on another article the so-called “must-fit, must match" exclusion. A surgical instrument could be protected by this right. However, unregistered design rights are generally considered to be weak IP rights and often stronger rights such as patents are sought, at least to improve levels of protection. Given the particular requirement of this “niche” aspect of IP law its best in the first instance not to assume that the design right will protect a given article. Registered Design Rights Both UK and European law provide for registered design rights which last up to 25 years. Registered design rights protect the appearance of a product, for example its shape, colour or texture of materials. For example, a new design of surgical gown or a patient's pillow could be the subject of a registered design right. Trade marks A trade mark is a sign or symbol that is used to distinguish a product or service of one undertaking (e.g. a company or organisation, such as an NHS organisation) from another undertaking. Trade marks can protect words, logos, shape, colours and even smells (e.g. the name “Coca Cola” and also the shape of the Coca Cola bottle are registered trade marks). Trade marks are the IP right that protect brands. They can last forever, providing renewal fees are paid. 17 R&D Office and IP Committee details Annex B IP Coordinator: Email: Telephone: Address: IP Committee Chair: Members: Frequency of meetings: 18 Ideas Disclosure Form Annex C Name: Role: Department: Status of Employment: Employee No.: Date: The name of any collaborating individuals or parties: Title of project: (max 60 characters) Idea: (max 200 words & drawings, if applicable) Benefit to patients/health service: (max 200 words) Any other relevant information: (max 200 words) 19 Template Heads of Terms (HoT) Annex D It is important for researchers and their managers to create the optimum conditions for a collaboration and to understand what it aims to achieve and the process for achieving it. HoT enable research decision makers to identify the key issues surrounding a collaborative project in plain language. The very process of creating a HoT can be a very constructive and useful way for all parties to understand the needs and expectations of the other parties at the outset and may minimise disagreements and disputes later. In this way a research project is more likely to be productive. It is important to consult lawyers after you have created your draft HoT but the process itself of creating the HoT should not be confined to lawyers. A template HoT is provided below. The Parties Purpose of project Scope of project Start date and main time points. Resources provided by each party (e.g. financial, personnel, data, existing IP etc) Role of each of the Parties Ownership of IP in results Access rights to IP arising in the project Access rights to other parties existing IP necessary for performing the project Confidentiality IP exploitation plan o Management of project IP o Decision making relating to IP exploitation o Revenue/equity Dispute resolution Termination conditions 20 Revenue Sharing Annex E Example of revenue sharing schemes adopted by some NHS organisations are shown below. It is emphasised that these are only examples. Each HB/Trust should decide on its own revenue-sharing scheme. University Health Boards should pay particular attention to their corresponding universities revenue sharing policy. Cumulative net income Inventor(s) First £2K 100% £2K-£20K Department R&D HB/ Trust 60% 20% 10% 10% £20K-£100K 50% 20% 15% 15% £100K-£250K 40% 20% 20% 20% Over £250K 35% 20% 15% 30% Net Revenues Inventor(s) % Directorate(s) % UHB % First £2,000 100 0 0 Next £40,000 60 20 20 50 25 25 30 35 35 £42,000 – 200,000 Over £200,000 % Net revenue paid to employee Net revenue to HB/Trust inventors 75 £0-50,000 50 Subsequent £50-250,000 25 Subsequent >250,000 21 Below is an example of income distribution arising from the exploitation of IP arising from work funded by a sponsor using the previous example’s revenue sharing scale. £000s Total income 150 Less Costs 30 Income remaining 120 Sponsors share (e.g. 40%) 48 Net income to HB/Trust 72 Employee inventor share 75% of £50,000 37.5 + 50% of £22,000 11 Total employee share 48.5 HB/Trust remaining share 23.5 22 Annex F Procedure for ideas disclosure Member of staff has an idea e.g. for a: new procedure training/teaching material journal article new device An "App" new use of equipment Submits Ideas Disclosure Form Informs R&D Office Requests more information R&D Office considers vi Submits to IP Committee for decision Feedback decision to staff member: work out a plan for development require further information discontinue activity Staff members works with R&D Office to develop project Staff member appeals against decision 23