European and International
Belgium - Flanders
Ownership of the IP
“Who owns the research outcome?” is one of the most controversial issues in CRCs. Ill-defined rights are major cause of trouble and may lead to the break-up of the entire centre.
- Check relevant national rules concerning ownership of IP
- often they contain clear-cut regulations on the role of universities, the relationship between employee and employer in IP-related questions, or ownership rules in publicly funded projects.
- check whether your funding programme contains rules concerning the ownership of IPR.
- Check relevant university patent policies which may also apply to the CRC.
- many universities have so-called “patent policies”. They contain rules concerning ownership or distribution of revenues. Check whether it is possible and suitable to adopt these rules for the CRC.
- Consider whether the CRC should be the owner of any patent
- in a number of cases, CRCs are not/may not be permanent. At the outset, one should discuss whether IP ownership should be transferred to more stable institutions (i.e., if applicable, the university that hosts the CRC, a research institution, etc.).
- Develop a strategy for the foundation and construction of an IP portfolio
- income generation is not the only reason for the protection of IP! Rather, it may be important to build up a patent portfolio with regard to your strategic fields of research.