Current Sections: HRC PolicyIntellectual Property
Now You Are Funded - Contractual Issues - Intellectual Property
Intellectual property results from creative thought, and can include any novel result, idea, device, software, chemical, vaccine, mono-clonal antibody, plasmid, hybridoma, diagnostic method or process.
It is important for researchers to protect their intellectual property by patenting new discoveries or processes, and not signing away their IP rights in Materials Use Agreements or collaborative research agreements.
In the HRC contestable Annual Funding Round the funding contract grants the HRC ownership of any IP generated from the funded research. The HRC then returns the ownership of the IP to institutions through a separate IP agreement. The HRC has IP agreements with the major host institutions it funds. The IP agreement assigns the HRC rights to the IP to the institution with a number of conditions. These include that the institution is to protect the intellectual property, use its best endeavours to optimise the use of the IP and if there are proceeds from the exploitation of the IP that they are used to support the researcher's group or other public good health research. See also our HRC General Funding Rules.
The HRC will enter into alternative IP agreements in limited circumstances and in most cases outside the Annual Funding Round. Alternative IP agreements may be made where:
• The HRC is entering a service agreement and sole funding for a project is provided by an external funder. In such cases the funder may require full IP ownership.
• The HRC is entering into a co-funding or partnership agreement. In such cases the joint funders may require full IP ownership to be retained by the HRC.
• The research project involves Maori or Pacific communities and benefits from the IP development are expected to flow back to the community.
Advantages to patenting IP include:
• it may be the only way to market for a health innovation
• a way to raise additional research funding.
Disadvantages may include:
• compromise of scientific objectivity
• bias away from investigative research to development
• patent processes can be expensive and lengthy.
For further information, refer to:
Implementing research - a guideline for health researchers (updated 2006) PDF 579KB
A guideline for health researchers published by the Health Research Council of New Zealand.
Intellectual Property Quick Guide PDF 89KB
A one-page summary of many intellectual property issues.
Also refer to:
• The NZ Intellectual Property Office website is at www.iponz.govt.nz
• Australian public sector IP guidelines and IP websites, e.g. www.ipaustralia.gov.au and http://www.nhmrc.gov.au/funding/policy/ipmanage.htm
Useful information can also be found at New Zealand's whole-of-government business portal: http://www.biz.org.nz/Public/content.aspx?sectionid=78&contentid=1267.
Last Updated : 07 April 2008 11:48:41.
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