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The
essay is about the Intellectual property management approaches/policies of the University
of Sussex and MIT. The report is basically providing brief information on
intellectual property (IP) management. The essay is providing intellectual
property management that the term intellectual property is used to describe the
intangible assets which are the human endeavor results that have the value and
are original such as the publications, designs, music, inventions as well as
computer software. The intellectual property management framework is also
provided for the institutes that can be used in the analysis of patents,
business as well as the business of the organizations. The main part of this
essay is the approaches and principles parts in which the principles of both of
the institutes are providing briefly. Furthermore, some implications and issues
are also provided related to intellectual property management.
IP management of Intellectual
Property (IP) Management
The
essay is about the Intellectual property management approaches/policies of the
University of Sussex and MIT. Before starting a discussion on the approaches
and policies of IP management of both organizations but it is essential to understand
the intellectual property management first. So, the brief information is
provided in this essay related to intellectual property (IP) management. The
term intellectual property is used to describe the intangible assets which are the
human endeavor results that have the value and are original such as the
publications, designs, music, inventions as well as computer software. Such
kind of assets increasingly making up the large proportion of the University of
Sussex and MIT's net worth. Furthermore, the large proportion of the University
of Sussex and MIT's net worth is being made up of such kind of assets
increasingly
Framework analysis Approach of
Intellectual Property (IP) Management
In
this section, it is discussed briefly about the IP management framework. The
framework for the intellectual property is provided below which is telling the
framework is working. IP management is the very first step and it is important to
take a better understanding of the business ecosystem, the needs of the business,
the objectives and goals of the business as well as the determination of the competitors.
The information on the mentioned areas is essential to protect intellectual
property. Furthermore, the IP strategy of MIT and the University of Sussex need
to be translated into the relevant Intellectual property framework for the provision
of guidance to the employees on efficient intellectual property management. To
develop a framework of intellectual property management needs the detailed and
translatable knowledge of the objectives, resources as well as practices of the
universities. Moreover, the framework also requires a brief and clearly defined
risk related to the businesses of the University of Sussex and MIT. It is
because the framework may face several difficulties at the time of working and
some of the operations may also fail. It may also be changed by the issues over
time as the objectives of the institutes change or expand the direction, as
well as it should also regularly review and update the IP management framework
accordingly to reflect such kind of changes. Therefore, one of the senior
managers, administration managers, faculty managers, and the deans of the
university will supervise the implementation of IP as well as they will also
prepare the IP policy
The University of Sussex and MIT is
assisted by the intellectual property management framework to manage its
intellectual property through:
·
The policy alignment on the intellectual
property management with the main functions and objectives of the University of
Sussex and MIT.
·
Providing instructions as well as proper
guidance on the range of making decisions related to the intellectual property
management assets
·
Enhancing awareness of the intellectual property
significance across the university
·
Through reassuring better practices for the
intellectual property
The intellectual property
management framework will be most efficient at the time of becoming an integral
part of the current operation as well as the management structure of the University
of Sussex and MIT.
IP Policy of Intellectual
Property (IP) Management
In the IP management framework, the
very significant part is the IP policy. The principles in the management which
are set up for the institutes according to guide the staff and the faculty
members of the university about the intellectual property. There are some
important steps are also provided in this document that are used in
establishing the IP policy.
·
Obtaining the related information to recognize
the business objectives of the institutes, the main functions as well as the
mission of the company to govern the actual needs of the intellectual property
management
·
Documenting the policy of intellectual property
remembering that it has to take a better understanding of everybody. The
document is created, will provide the objectives, policy target for the faculty
members, and finally IP protection.
·
The last step is all about the review of the
intellectual property management framework and the management will have to
ensure the policy in the agreement with objectives of the University of Sussex
and MIT.
IP Implementation Plan of Intellectual Property
(IP) Management
The IP implementation plan is the second side of the
intellectual property management framework in which an effective plan is
designed, created, and set out the ideal system for the institute’s
intellectual properties. Furthermore, resource allocation into the institutes is
also set out by the plan for the implementation of the intellectual property
(IP) policy. As mentioned before that the implementation plan is concerning
with the setting up of the processes, it will be used by the company for the
implementation of the intellectual property (IP) policy. Although, it is the
practical guidance and instructions for the mechanisms as well as operational
level to follow about the intellectual property management within the University
of Sussex and MIT. The steps which are essential for the making and
implementing the policy are almost similar but only first step may vary that
may need to be reviewed critically again the policy of intellectual property to
make the framework for the institutes effective and for the guarantee to give
better performance at the operational level in the university.
IP management
Approaches/Policies of Intellectual Property (IP) Management
In this section, IP management
approaches/policies of MIT and the University of Sussex are discussed. The
focus of the policy of MIT and the university of Sussex on the patents,
copyrights, and intellectual property is to make available the technology of
the institutes to the industry as well as others to benefit the public. On the
other hand, intellectual property is also providing the recognition to
encourage the prompt and individual inventors and the open dissemination of the
research results. The policies and the approaches of MIT and the university of
Sussex are provided in this section that is providing guidance to staff members
and the faculty
University of Sussex Policies
of Intellectual Property (IP) Management
In the policy of the University of
the Sussex, several intellectual property (IP) rights that co-exist in the
ideas and the creations my be generated by researchers. These types of rights
can be able to exploit different ways. The policy is providing the scheme of
monetary resources to incentivize the exploitation of IP and commercial
development. According to section G of the policy, if the intellectual property
(IP) will be successfully subjugated on the commercial level then individuals will
share the financial rewards with the University and their school, who created
the Intellectual property (IP).
Intellectual property’s
Principles of exploitation of Intellectual Property (IP) Management
·
The University of Sussex wishes to encourage the
exploitation and development of the intellectual property for the provision of
benefits to the university to the students and the staff members of the
institute as well as being the part of the economic development of the
university. Therefore, the major role of the university is in the development
and production of intellectual property, as well as it is not usually equipped
to exploit the direct intellectual property. Furthermore, IP exploitation is
enabled in various ways including developed new companies as well as other
organizations. Further on the exploitation of the intellectual property, the
university is open-minded about the exploitation while it is intensely aware of
the need for speed to market when commercializing the research outputs
successfully. The University of Sussex is also wishing to make sure that the
direct operational involvement has been limited involvement in the activities
at the commercial level.
·
The potentially exploitable IP identification is
the student's and staff's responsibility. The completion of the IP disclosure
record requires the staff and students to identify the exploitable IP potentially.
Furthermore, the assistance with the IP disclosure record is available from intellectual
property management in the research and enterprise services (RES).
·
The form of licensing, assignment, or sale might
be taken by the exploitation of current and newly established entities. According
to section E.3, it can also occur through the University Enterprise Unit.
·
The core activities of research, teaching, and
learning of the university should not be damaged by IP exploitation and
commercialization.
·
In the light of section F, the received income
from IP exploitation will be shared with the creators.
Ownership of IP rights of
Intellectual Property (IP) Management
·
Section A of the principles of IP management of the
University of Sussex is completely based on the definition of Intellectual
property. The intellectual property generated through the employment course in teaching,
research as well as other related activities which belongs legally to the
employer according to copyright, design, and patent Act 1988 and patents Act
1977.
·
The rights of the copyright in the articles or
books are not claimed by the university for learned journals unless
particularly agreed which are written students or staff members. The rights of
students and staff members of the university are preserved by the university to
publish material arising from their research in general as they fit. Therefore,
the authors may be required by the university in some cases where the results
exploitation commercially is the possibility to suppress the publication until
suitable protection may be put into place.
·
The university should reach the agreement about
the IP ownership at the time of appointment fro staff with joint appointments
as well as the other organizations concerned.
Intellectual property
Development of Intellectual Property (IP) Management
·
Several ways exist in which intellectual
property can be established to make it more attractive for the customers. Furthermore,
it can also be developed to bring some improvements in the return of the
creators and the university. To support pre-development activity and
development funding, an enterprise development fund (EDF) has been created by
the university through the allocation of the higher education innovation fund
(HEIF).
·
According to the section (D,24), the enterprise
panel takes the decision of EDF investment with other taken associated advice
as essential, involving from the school head with respect to the time of an
individual as well as different types of resources were required for
undertaking the project. As applications to external funders, it should approve
the applications to the EDF in a similar way, as well as all of the relevant
direct costs, should be included such as legal and patent fees. The marginal
directly incurred costs of the activity will be covered by the funding from
EDF. Moreover, it will also communicate the application outcome of the
application to the relevant schools and the staff members
Commercialization through
University Enterprise Units
·
Through the University enterprise Unit, it might
be taken place by IP exploitation. The operating structures exist in the
university which gives permission to the operation commercially without the
company operation and formation burden. The units are required by the
university to operate on the full cost basis, self-supporting, against the plan
for the business that is generally approved by the enterprise panel.
·
According to section (E,39), guidance,
governance requirements, and operational guidance for the enterprise units are
available from RES.
·
In section F, it covers the distribution of
surpluses forms the enterprise Units.
MIT IP Management Policies
Intellectual Property Ownership
of Intellectual Property (IP) Management
According to section 13.1.3, MIT
faculty, staff, students, and others participating in MIT programs create or
make the rights in patentable inventions, tangible research property, copyright
works, the mask works, as well as the trademarks with the student theses
exception.
The intellectual property will be
owned by the authors and the investors which are:
·
Not created in the pursuant or course to the research
with the sponsorship or different types of the agreement such as it can be
advised by the administrative officer, faculty advisor, or the sponsored
programs office contract administrator may also provide the advisory services
on the agreement terms which apply to the particular research.
·
Furthermore, the operation of the copyright law does
not create as the work for hire as well as does not create the pursuant to a written
agreement with the provision of MIT to transfer the intellectual property (IP) ownership
or the copyright to MIT. The definition of the work of hire is that the
employees prepare the work into his or her employment scope. Moreover,
·
It does not develop with the facilities or the
important use of funds by MIT.
All other intellectual property’s
ownership principles are given below;
·
The intellectual property is owned the MIT that
created, developed, established or the made by faculty, staff members, students
or other related and participating stakeholders of MIT in the pursuant of
research to the agreement of sponsored research to which MIT is the party
·
As the work of hire or the pursuant to the
written agreement, it was created by the owner of the copyrightable works to
the written agreement along with MIT providing them for any intellectual
property transfer or the ownership to MIT and it will be vested with MIT.
·
The intellectual property (IP) ownership established
by the staff, students, faculty as well as other participating persons into the
programs of MIT plus the MIT visitors along with the important fund use or the
facilities administered through MIT.
Patent Rights of
Intellectual Property (IP) Management
The United States patents and the
trademark office issues the patents that giving the right inventor to exclude
all of the others from developing, selling, or using the invention in the US. Furthermore,
giving the right to the inventor by United States trademark and the patent
office is to exclude the particular design and invention in territories of
country and possessions for the period that will expire in the 20 years from
the filing date of the patent application utility. In foreign countries, it may
also grant patents such as procedures for regulations, filing for patents, as
well as it is varied considerably by the patent term from country to country. Furthermore,
according to the patent and copyright laws, the invention should be unique,
new, non-obvious as well as useful for the patentability in majority of the
countries. From the first written public disclosure, the 12 months grace period
related to the invention is permitted in the United States to file a patent
application. Furthermore, until it is being filed before the public disclosure is
written or oral by the application in most foreign countries because an
invention is unpatentable. Therefore, the application has 12 months for filing
the most non-United states countries, if it has been filed by one in the united
states to the disclosure of the public without losing the rights of filing.
Copyrights Ownership in Theses of
Intellectual Property (IP) Management
It governs the copyright ownership in
the student’s theses in the following points mentioned below.
·
By the research, the ownership of the copyrights
of theses produced which is achieved in the whole or in the part through the
students studying in the university with the financial support within the
stipend, salaries, wages, or grant from the funds, which are administered the
educational institutes. Furthermore, it shall also determine the educational
institutes according to the support agreement conditions, or the contrast of
the terms. The property of the institute
will be become by the absence of terms and the conditions.
·
The ownership of the copyright of these is also
created the research, which is performed in the facilities or complete utilizing
the equipment part given to the universities under some important laws in which
the copyright restrictions are imposed and it shall be recognized according to
the restrictions. Moreover, it was imposed by the questions related to the
restrictions on any kind of equipment or the facilities of the institute. It
may address the equipment or the facilities of institute to the officer of the
administration of the laboratory or to the suitable administrator contract
within the sponsored programs office.
·
Not Within the provisions of the first two
points above, the copyrights will be owned by the students to theses.
Therefore, the royalty-free permission must be granted by the student to
institute to publicly and reproduce of permission that distributes his thesis
copies.
·
Where the important use is completed of the MIT
facilities or equipment provided to MIT without the restrictions on copyrights.
Furthermore, the copyrights are owned by the students in theses according to;
o
Using the important MIT facilities has spent only
a minimal time amount or it has used only the equipment as well as the
insignificant facilities.
Therefore, it was disclosed or contained the patentable subject matter, code, software code, as well as the intellectual property in the theses, are subject to the important use of the patent set.
Expected Impact on Technology
Transfer of Intellectual Property (IP) Management
In this section,
it is provided the information that how intellectual property management is
impactful on the technology transfer. It is helped by IP rights especially
patents in enhancing the diffusion of technology and innovation in the
technology. Furthermore, educational institutes or organizations are helped by
the IP rights protection to recoup associated costs and undertake R&D to
encourage innovation. Although, the very difficult role is played by IPR in the
international technology transfer as well as encourage innovation
Implications for the Management
of IP of Intellectual Property (IP) Management
In this section,
some very important implications are provided. Managing the University of
Sussex and MIT intellectual property assets is more than from attaining the
formal rights of intellectual property through the national IP office. Furthermore,
the rights of the trademark or patent are not worthy until they are effectively
exploited. It is the limitation on the validity of the trademarking or patents.
Although the part of the valuable IP of the organization may not have any need for
formal registration it can also call for other protection measures and other
measures can also be called the confidentiality agreement. Furthermore, the adequate
steps should be taken by the organizations willing to extract the full value
from creativity and their knowledge to establish the intellectual property
strategy for the company business. Although, it is implied including the
considerations of the intellectual properties of the organizations when making
and designing the drafts for the marketing strategies as well as business plans
of the organizations
Conclusion of
Intellectual Property (IP) Management
It is concluded that the term intellectual property is used to describe the intangible assets which are the human endeavor results that have the value and are original such as the publications, designs, music, inventions as well as computer software. It is discussed about the intellectual property management approaches and the set of policies briefly. The information on the mentioned areas is essential to protect intellectual property. To develop a framework of intellectual property management needs the detailed and translatable knowledge of the objectives, resources as well as practices of the universities. One of the senior managers, administration managers, faculty managers, and the deans of the university will supervise the implementation of IP as well as they will also prepare the IP policy. The policy is providing the scheme of monetary resources to incentivize the exploitation of IP and commercial development. The core activities of research, teaching, and learning of the university should not be damaged by IP exploitation and commercialization. Through the University enterprise Unit, it might be taken place by IP exploitation. According to section (E,39), guidance, governance requirements, and operational guidance for the enterprise units are available from RES. According to the patent and copyright laws, the invention should be unique, new, non-obvious as well as useful for the patentability in majority of the countries. Educational institutes or organizations are helped by the IP rights protection to recoup associated costs and undertake R&D to encourage innovation. The rights of the trademark or patent are not worthy until they are effectively exploited. Furthermore, the adequate steps should be taken by the organizations willing to extract the full value from creativity and their knowledge to establish the intellectual property strategy for the company business.
References of Intellectual Property (IP)
Management
Kiang, C. S., Ganguli, P., & Nishio, K. (2005).
TECHNOLOGY TRANSFER, INTELLECTUAL PROPERTY AND EFFECTIVE UNIVERSITY-INDUSTRY
PARTNERSHIPS . INTELLECTUAL PROPERTY Journal.
Ray, C. (1938). Culture, intellectual property and
territorial rural development. . Sociologia ruralis, 3-20.
Rivette, K. G., & Kline, D. (2000). Rembrandts in
the attic: Unlocking the hidden value of patents. Harvard Business Press.
Tran, B. (2005). Systems and methods for intellectual
property management. Us Patent .
WIPO. (2019). Managing the Intellectual Property
Assets of Your SME. Retrieved from WIPO:
https://www.wipo.int/sme/en/ip_business/managing_ip/managing_ip.htm
Yu, E., Liu, L., & Li, Y. (2001). Modelling strategic actor relationships to support intellectual property management. In International Conference on Conceptual Modeling , 164-178.
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