Seminar 2 IP Right Between Academia and Industry

Seminar 2 IP Right Between Academia and Industry Xubiao Peng Magnus Jobs Shakila Bint Reyaz José Pérez-Loya

The Issue • After starting his/hers Ph. D. studies the supervisor, which is hard pressed for money, gets the chance to obtain funding from a large project with industry. • In order to get the funding the student must sign away any IP( Intellectual Property) rights the project might result in to the company. • If the student refuse to sign away his/hers rights it is not certain the supervisor can afford the students salary.

Ethical Conflicts • By refusing, the researcher can single handedly destroy a large amount of funding for the group. • The funding may also be needed to fund fellow researchers in your group. • The supervisors responsibility for putting the researcher in this position. • The company for using its position to pressure the supervisor.

Possible Solution? • Sign the contract, obtain funding and loose any rights to your work. • Refuse to sign, possibly ending your Ph. D. career due to lack of funding as well as damaging the groups reputation.

Alternative Solutions? • Could the researcher have the right to, for example, 10% of any revenue obtained from patents? • Apply for other public funding instead?

Who’s Possibly Affected? • Directly – The researcher – The research group – The company involved • Indirectly – The universities reputation among related companies. – The researcher’s family (does not get any gain from revenue obtained from the patent).

Who’s Possibly Affected? • Indirectly Public Interest ( in both cases if signed or not). • The unlimited or long term protection of the patent is not justified , in case where more development in the technology is needed or possible. • The research wouldn’t start or delayed.

Values Involved? • The academia researcher’s right to his/hers work • The academic research itself • How much should academia support industry? (protect the interest in academia? )

How to succeed with the solution? • Show the high practicality of the research plan. • Give good evaluation and show the profitable future of the product. • The Academia and Industry should work as partners instead of traditional funding of research projects.