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
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
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
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
Introduction
Mandate Two
Universities are doing research and
development, although NOT comparable
with counterparts in Asian Tigers
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
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
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
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
Need for IP Policies
• Stakeholders in Commercialized IP
Universities
Inventors
Researcher
Students and research assistant
Guest researchers
Sponsor including industry
Collaborators
Government and Public
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
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
Need for IP Policy
Sponsors, industries and collaborators
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
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
Need for IP Policies
Technology Transfer Office
• 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
Need for IP Policy
Summary
• IP Policy is required
– to regulate the conflicting interests of the
various stakeholders
– Promote IP development
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
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
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
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
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
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
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
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
Moi University IP Policy
Distributions of net revenue
Inventor
IP Fund
Inventors research
Inventors department and faculty
University wide research fund
Technology Transfer Office
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
Implementation of Moi University IP
Policy
Agreements required
Participation Agreement
Material Transfer Agreement
Confidentiality Agreement
Contract Research Agreement
Disclosure Agreement
Consultancy Agreement
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
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
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
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