Copyrighted works
(unregistered)
monograph
research article
software
conference proceedings
database
Technology and Knowledge Transfer at MED MUNI
Research at Masaryk University Faculty of Medicine plays an important role in developing new drugs, diagnostic methods and medical devices. Innovation and technology transfer are strategic priorities for the entire University. Its vision includes long-term support for transferring research and development results into practice to strengthen and stabilize its position in commercial collaboration. To achieve these goals, the University uses various approaches such as building long-term relationships with industrial partners, collaborating with a network of intellectual property experts or implementing support tools to increase the applicability of research potential.
At the earliest stage, this journey cannot be done without intensive interaction with specialists in various areas of expertise, such as patent protection and legal relations, regulatory requirements, clinical trial design and management, or financial support for specific grant schemes. The commercial application of the results allows the authors to receive both financial remuneration and publicity, which contributes to the prestige of Faculty of Medicine of Masaryk University. The University seeks to support this process by transferring technology, creating partnerships and building relationships with the public.
What is Intellectual Property?
Intellectual Property at the university
In the context of universities, intellectual property (IP) refers to the rights and protection of IP created in the research or creative activity carried out at the university. This may include patents, copyrights, trademarks, industrial designs, and other forms of IP.
Universities often play a key role in creating new technologies, innovations and knowledge through their research and development activities. Intellectual property enables universities to protect and commercialize these results, which can bring financial benefits to the university itself, researchers and other stakeholders. Collaboration between universities and industry often involves the transfer of intellectual property, licensing agreements and other forms of cooperation that enable research results to be used in practice. In this way, universities contribute to innovation and development, which has a positive impact on society as a whole.
Intellectual Property is divided into:
Industrial Property
(registered)
patent
utility model
industrial design
trademarks
Geographical indications
and appellations of origin
IP Protected by other legislation
(unregistered)
know-how
trade secret
goodwill
confidential information
unregistered designation
TRL and InGA Accelerate
Technology Readiness Level (TRL)
Research at the Faculty of Medicine of Masaryk University often produces interesting results that deserve proper care and attention regarding their potential commercial use. Unfortunately, most of these results remain unused, which inhibits their financial valuation and positive impact on society as a whole. One of the main products of research activity is usually the publication of scientific articles in scientific journals. Although these articles are an important indicator of quality, it is a shame that we do not fully utilize their potential for practical application. However, before the research results produced in academia can be put to practical use, many studies and questions need to be answered to reduce risk and increase the value of the results by moving to the next levels of readiness. The Technology Readiness Level (TRL) is an index that characterizes the readiness of a technology for commercial application and there are 9 levels.
TRL 1
The theoretical phase where the basic principles are observed and its main objective is to verify these principles.
TRL 2
Formulation of a technological concept, identification of specific applications of the technology without experimental verification.
TRL 3
This level includes experimental verification of the applicability of the idea (Proof of Concept - PoC). Performing the first laboratory tests to verify the functionality and benefits of the technology.
TRL 4
Transition from theoretical model to practical verification under controlled conditions. The technology has already been verified in the laboratory.
TRL 5
The technology is verified in a relevant environment, the conditions that most closely match the actual application.
TRL 6
Technology demonstrated in a relevant environment, sometimes in an industry-relevant environment. That is, in conditions closely resembling their end use.
TRL 7
An example of a prototype system in an operational environment that allows detailed testing and finalization of modifications.
TRL 8
At this level, the system is completely finished, qualified and ready for final use. All the necessary tests and certifications have been completed.
TRL 9
The system is proven in an operational environment, the technology is implemented and used in real production conditions. At this level we are also experiencing expansion into larger markets.
The LF Accelerate project scheme was created at Masaryk University thanks to the support of the Internal Grant Agency (InGA). This scheme allows to move research results to a higher level of TRL. The inspiration for LF Accelerate was the international SPARK program, which originated at Stanford University. The main objective of the scheme is to increase the number and quality of research and development (R&D) results at LF MU and to support their use in practice. The project also aims to strengthen cooperation between the faculty and the application sphere, increase public awareness of LF MU research activities and results, support applied research, experimental development, Proof of Concept projects and the establishment of start-up/spin-off companies at LF MU.
One of the benefits of this scheme is regular project monitoring in the form of meetings and checklists quarterly. The meetings are organized together with the Centre for Technology Transfer (CTT) and the CTT contact person. Through these meetings it is possible to identify possible obstacles or potentially applicable research results directly during the project implementation. Another advantage is the involvement of mentors from the SPARK Global programme in half-yearly online meetings (Joint Mentoring Events), where project investigators receive valuable feedback from experts in the field.
LF Accelerate Program SPARK vzdělávání v rámci programu spark
Intellectual Property in Projects
Implementation of Intellectual Property in the Project
Intellectual Property Rights (IPR) play an irreplaceable role in projects. It is a good idea to address IP (Intellectual Property) issues as early as possible, since outputs and results are property that has value. In general, research organisations often do not value the IP with which they enter projects. It is also important to differentiate whether it is an internal project scheme or not. If the project is partly or fully publicly funded, it must benefit society not only through knowledge development but also through commercial application. It is important to be clear whether the output of the project has commercial potential. This is preceded by the signing of relevant agreements with partners and the protection of existing IP. Any rights to the project results, as well as access rights, belong to all collaborating entities to the extent appropriate to their participation in the project. In the case of public procurement, the provider may also own the property rights.
Project phases in relation to IP
Project proposal preparation phase
Future project participants should be aware of what they are bringing to the project, what existing knowledge (background) they bring. At this stage, it is also good to know what they can potentially need from other participants and what the state of the art is. Participants should also have an idea of what results can be produced and what impact they can have during the preparation phase. Participants have the possibility to define this existing knowledge in a consortium agreement, in which they define what knowledge they will make available to other partners and what knowledge they will not. This contract should be signed before or in parallel with the grant agreement with the grant provider.
IPR in the project proposal
- "Excellence" requirement - application of Open Science principles in dissemination of results, handling of research data (loading according to FAIR principles - Findable, Accessible, Interoperable, Reusable)
- "Impact" requirement - describe a first draft of a plan for dissemination, exploitation and communication of results, this should include a strategy for IPR management
- Furthermore:
- Analysis of the current state of knowledge
- Analysis of IP including FTO (Freedom to operate)
- Business plan - what needs the project responds to
Implementation phase
At this stage, project participants may be asked by partners to make available their own knowledge relevant to the project activities. Also in the implementation phase, participants should consider the issue of protecting newly created knowledge, especially in terms of its possible future use. Ideally, project partners should develop a strategy for the protection and use of project results before the end of the project.
Project completion phase
At the end of the project, all project partners are required to ensure the protection of the results produced and to use and disseminate the results according to a pre-agreed procedure.
Glossary
Author
The author is the natural person who has created the work. The author of a collective work, in its entirety, is the natural person who has selected or arranged its components in a creative manner.
Work (as subject of copyright)
A unique result of the author's creative activity expressed in any objectively perceivable form, including literary, artistic, and scientific works.
Copyright
The author's proprietary and moral rights to their copyrighted works.
Intellectual property (IP)
Any product or form of creation of one’s intellect that is new and unique. A specific type is an industrial property, the other group is copyright and related rights.
Intellectual Property protected by other legal regulations
Rights to intellectual property that is not protected by registration or as a copyrighted work, such as trade secrets or know-how.
Patent
A form of protection of an invention. The patent holder has an exclusive right to use the protected invention, to provide agreement to use the invention to other persons (e.g. by license), or to transfer the patent to other person. The invention for that has been a patent awarded cannot be manufactured, offered for sale or used by a third party for industrial/commercial purpose without the consent of the patent holder.
Utility model
A form of protection for technical solutions those are new, beyond the frame of simple skill and are industrially usable. It is a lower form of protection than a patent.
Trademark
A mark capable of distinguishing the goods or services of one person from those of another, registered in the trademark register.
Industrial property
Rights to the results of intellectual activity usable in industry, including patents, utility models, and trademarks.
Know-how
A sum of knowledge, experience, skills and findings of producing, technical, operational, research, scientific or other nature that are not widely known or available. Also, they have to be substantial, describable (they exist in objectively perceivable form) and commercially usable.
Industrial design
The appearance of a product protected as industrial property, especially including design elements.
Invention belonging to an enterprise
An invention created by the originator when fulfilling work tasks coming from a work contract or similar employment relationship with MU.
Database
A collection of independent works or data, systematically arranged and individually accessible electronically or by other means.
License
The right to use protected technologies or know-how. Thanks to adjustable conditions, it is a flexible and often used tool for providing IP rights. The most important parameters of license agreements are exclusivity, defining territories, financial compensation (fixed fees, share of sales), period of protection and possibilities of signing sub-license agreements.
Původce
A natural person who created the subject of intellectual property within the employment relationship with Masaryk University.
Spin-off (also spin-out)
A business entity established by Masaryk University or an affiliated person, utilizing Masaryk University's intellectual property.
School work
An (author) work that a MU student (or a lifelong education participant) created to fulfill his studying duties.
Employee work
Individual or collective author work that the author(s) created at the incentive and under the supervision of MU to fulfill the work duties coming from an employment relationship with MU.
Freedom to operate (FTO)
The ability of a company or individual to introduce a product, technology, or service to the market without infringing the patent rights of third parties.
Do you have aplicable result?
Process when applicable result is identified
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Identification of an applicable research result
If you think your result might be subject to IP protection, then contact the TTO or the TTO contact person at LF. These people will be able to provide you with advice in this field.
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Notification of the Originator of Industrial Property
If your result is identified as applicable/protectable, you will be asked to fill in the form "Notification of the Originator of Industrial Property".
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Decision period for acceptance of the result into MU property
Upon receiving the completed Notification, a 3-month period begins to run to determine whether the University will accept the result into its property.
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TTO statement and decision of the Rector or TTO Director
This is the "Opinion on the application of MU rights to industrial property", if the opinion is negative then the property rights belong to the originator. In case of acceptance opinion, then the property rights belong to the university. The TTO informs the originator and the head of the relevant economic centre about the Rector's decision.
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Selection of IP protection type
If the property rights are assigned to the University, then TTO will initiate work related to the protection of the industrial property (if protection is desired) and its possible commercial use. Close cooperation between TTO and the originator is crucial in this matter. The costs associated with this will be the responsibility of the TTO, unless otherwise specified.
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Commercialization plan
The TTO will prepare a commercialization plan in cooperation with the originator. The TTO also assists in identifying potentially suitable partners.
Process of external use of know-how
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Capturing know-how in an objectively perceptible form
(prepared for internal use)
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External use of the know-how is carried out based on, for example, transfer or license agreements
- If the know-how is related to industrial property, the TTO Director decides on its external use
- External use of know-how not related to industrial property is decided by the head of the economic center where the know-how was created
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Signing a license agreement
Before signing the agreement, it is necessary to fill in the form "Know-How Record Sheet"