Intellectual Property
The Pilots4U partnership herewith provides leads to guidance documents related to:
1. Intellectual Property Management
2. Non-Disclosure
3. Material Transfer Agreements
Disclaimer: The views expressed in the recommended readings are those of the authors and do not necessarily reflect those of the Pilots4U project partners and participants.
The World Intellectual Property Organization (WIPO) is the global forum for intellectual property service. WIPO is a specialized agency of the United Nations. More info and guidelines from WIPO can be found via the following url:
The European Patent Office (EPO) belongs to the European Patent Organisation (EPOrg). More info about and guidelines from EPO can be found via the following url:
The Government body responsible for granting intellectual property rights in each European country can be found via the following url:
The IPR helpdesk provides support for IPR issues primarily regarding participation in Horizon2020 projects. It lists a number of interesting publications regarding IPR, and thus it runs a help line where specific questions can be asked (free of charge) with written answers within 3 working days.
Some recommended reading to get a first insight into IPR management:
- A comprehensive introduction about IPR in biotechnology - published in June 2014 by IPR helpdesk
- IPR strategies for innovative SMEs - published in 2013 by International Chamber of Commerce
- An IPR guide for SME exporters - published in 2003 by International Trade Center and WIPO
- IP armour game: a fun way to test your knowledge about IPR management - by IPO, UK
A non-disclosure agreement (NDA) is also designated a confidentiality agreement (CA) or a secrecy agreement (SA). It is a legal contract that allows companies to discuss non-public business information, as it is an agreement not to disclose received information to third parties, and not to use this information without the consent of the provider. An NDA can restrict both parties from using the information (mutual NDA), or it can restrict a single party (one way NDA).
The IPR helpdesk provides examples of non-disclosure agreements (one-way non-disclosure and mutual non-disclosure agreements). Also the intellectual property office in the UK provides some examples on its website.
- One-Way NDA - published in 2014 by European IPR helpdesk
- Mutual NDA - published in 2014 by European IPR helpdesk
- Guidelines regarding disclosing confidential information including examples of one-way and mutual NDA - published in 2015 by Intellectual Property Office UK
A Material Transfer Agreement (MTA) is used for the exchange of physical R&D materials. It is a legal document that states the terms and conditions of the transfer. The National Health Institute of the USA (NIH) posted different examples on its tech transfer website. These forms are used by numerous universities in and outside the USA. These MTA's are meant for exchanging materials for research purposes only. In the case that the material is exchanged between company and a service provider that will use the material to fulfill the service, it is advisable to include an 'Obligation of confidentiality and non-use' clause that explicitly states that the material can only be used for the agreed purpose. Examples of this can be found in the 'Terms and Conditions' of analysis labs.
- General explanation about MTA - by Howard G Zaharoff
- NIH webiste regarding MTA
- Most common MTA: Simple Letter of Agreement (SLA) - by NIH
- MTA for the transfer of organisms (MTA-TO) - by NIH
- MTA for the transfer of biological material (UBMTA) - by NIH
- MTA from University College London - by UCL