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.
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