INTELLECTUAL PROPERTY
85. Universities usually hold and manage the Intellectual
Property (IP) from Research Council funded research. However,
the Councils play a part in encouraging commercialisation, for
example, by funding an annual 'Business Plan Competition' to help
UK based researchers develop their ideas for commercialising research
outputs by providing training and mentoring in the development
of business plans and entrepreneurial skills. In addition, BBSRC,
EPSRC, NERC and PPARC invest in the 'Follow on Fund'. This scheme
provides funds to enable researchers to demonstrate the commercial
potential of their ideas, supporting them with salary and training
costs whilst they commercialise work originally supported by the
Research Councils.
86. The Lambert Review suggested that the Research
Councils, in consultation with universities, the CBI and other
industry groups, should agree a protocol for the ownership of
IP in research collaborations.[184]
The Government has recently commissioned a review of the UK's
IP framework,[185]
which we await. Some of the evidence we received suggested there
was indeed scope for improvement in IP arrangements with
overwhelming support for universities to relinquish their hold
on the IP if a more appropriate option is available. For example,
the Institute of Physics claimed that "Intellectual
Property needs to be managed sensibly by recognising that it is
best owned and managed by the exploiting party, while ensuring
that collaborating parties receive appropriate rights and returns
that reflect their contributions".[186]
QinetiQ said that "the cost of transferring research outcomes
into the market is very high. Intellectual property may be overvalued
by universities, a 'new' piece of knowledge may not add significant
value for industry: in some instances it may threaten existing
business, in others a new market must be created"[187]
and "the recent emphasis on the universities' Intellectual
Property has not always been helpful. In particular, it has tended
to encourage overambitious valuations and too many immature companies.
The award of capital to new ventures must be accompanied by rigorous
commercial disciplines if it is not to be misallocated".[188]
We also heard from Dr Ian Ritchie, who took a slightly stronger
view, telling us that "usually, universities will
have a fairly unrealistic view of the value of a potential spin-out
business. In most cases the research team will have identified
a potential commercialisation area, but will not yet have a product"
and that it is "quite usual that the final product owes little
more than an 'original concept' to the research team".[189]
87. The External Challenge Panel believes that the
Research Councils should take more of an interest in university-held
IP, stating that "Some RCs are using brokering to actively
mobilise the transfer of IP to the user base but we were concerned
that there appears to be little or no monitoring of projects,
i.e. the investment made by the RC, emerging IP or how that IP
is used or transferred to the user base [
] in cases where
significant levels of funding are made available (e.g. projects
of £3M/yr and above) the Councils should have closer involvement
in the project management, and exploitation strategy, in order
to help and provide best practice for the commercialisation of
that IP".[190]
88. RCUK refute the view that there is a role for
more active engagement of the Research Councils in IP saying that
"whilst the Councils do have a responsibility for helping
to create the climate and culture in HEIs to enable [exploitation]
this to happen, we believe that direct intervention is undesirable".[191]
We agree with RCUK on this issue. Whilst it is natural for industry
and academia to have different expectations, we do not consider
that it is the role of the Research Councils, to oversee IP arrangements.
In addition, as shown earlier, the Research Councils do not necessarily
have the appropriate expertise to enable them to work effectively
in this area. We believe
that the Research Councils should maintain a 'hands off' approach
to management of Intellectual Property within universities.
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