David Cullinane (Waterford, Sinn Fein)
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222. To ask the Minister for Education and Skills to outline the national policy that exists to guide institutes of technology and universities on intellectual property policy; and if he will make a statement on the matter. [11586/17]

David Cullinane (Waterford, Sinn Fein)
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223. To ask the Minister for Education and Skills if it is mandatory for universities and institutes of technology to have intellectual property guidelines and policy in place; if policy varies from institution to institution; and if he will make a statement on the matter. [11587/17]

David Cullinane (Waterford, Sinn Fein)
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224. To ask the Minister for Education and Skills if national policy guidelines regarding the ownership of intellectual property or the commercialisation of intellectual property in institutes of technology exist; and if he will make a statement on the matter. [11588/17]

David Cullinane (Waterford, Sinn Fein)
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225. To ask the Minister for Education and Skills to outline the policy guidelines that exist in respect of spin-out companies from third and fourth level institutions; and if he will make a statement on the matter. [11589/17]

David Cullinane (Waterford, Sinn Fein)
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226. To ask the Minister for Education and Skills if his attention has been drawn to any breaches in intellectual property policy at institutes of technology or universities; and if he will make a statement on the matter. [11590/17]

Richard Bruton (Dublin Bay North, Fine Gael)
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I propose to take Questions Nos. 222 to 226, inclusive, together.

The Deputy may be aware that the first Technology Transfer Strengthening Initiative programme (TTSI1) was a €30 million, six year programme, introduced by Enterprise Ireland in 2007. Introduction of the TTSI programme enabled the start of a process of development of technology transfer offices (TTOs) with appropriate skills, and access to funding for the management of intellectual property (IP), to facilitate meaningful interactions with business. Prior to the programme there was little or no such capability available within Ireland’s HEIs.

The period of the Technology Transfer Strengthening Initiative (TTSI1) programme maps a period of evolution in the technology transfer and commercialisation system in Ireland. From a low baseline of technology transfer capacity from the Higher Education Institute (HEI) sector within the State, through the creation and management of the Initiative, Enterprise Ireland has been able to develop infrastructure within the HEI sector to support the engagement of businesses with the research base with a view to supporting those businesses that want to enhance their competitiveness.

A review of the technology transfer system shows that in 2005, prior to the introduction of TTSI1, HEIs across the State transferred technology and intellectual property to business by way of only 12 licences, option or assignment agreements (LOAs) with business and spun out five new companies. By the end of the funding period, in 2012, the average number of LOAs executed each year was up over seven-fold to 85 and the number of spin-out companies created each year was averaging 22, an increase of nearly 450%.

Further information on the first TTSI1 is available in the review of the programme:

.

TTSI continues and is now in its third phase which commenced this year and runs to 2021.

The national IP Protocol 2012 “Putting public research to work in Ireland” was developed by a task group comprised of leaders from industry, the investment community and TTOs. The new protocol built on earlier guidelines and codes of practice, using the lessons learned from their use. In particular the protocol replaced three earlier documents:

- National Code of Practice for Managing Intellectual Property from Publicly Funded Research (Irish Council for Science, Technology and Innovation, January 2004)

- National Code of Practice for Managing and Commercialising Intellectual Property from Public-Private Collaborative Research (Advisory Council for Science, Technology and Innovation, November 2005).

- Funding Agency Requirements & Guidelines For Managing Research-Generated Intellectual Property (February 2006).

In 2013 the Government established a centralised function with responsibility for technology transfer in the State which led to the creation of Knowledge Transfer Ireland, launched in May 2014. Knowledge Transfer Ireland (KTI) now has responsibility for setting direction for research performing organisations (RPOs) best practice to enable compliance with IP policy and procedures.

The publication of the national IP protocol in 2012, and its subsequent refresh in 2016, sought to establish policy and guidelines on the interactions between industry and Ireland’s Higher Education Institutes, including the treatment of intellectual property.  It provides guidelines and sets expectations for the RPOs and for industry.

The national IP Protocol 2016 comprises two volumes:

(i) the National IP Protocol policy document which sets out the framework underpinning research collaboration and access to intellectual property from state-funded research

(ii) the IP Protocol Resource Guide which provides an overview of the national IP management guidelines and links to resources and template documents, available for industry and RPOs.  It also provides an overview of the knowledge transfer structures in Ireland and the kinds of agreements that can be used to formalise research-industry engagements.

The protocol explains the National IP Management Requirements and requires that RPOs have in place and operate internal IP management systems that meet or exceed these. The protocol also includes “good practice” that will normally be followed. However, industry and RPOs are free to adopt a different approach where this is in the best interests of successful relationships and research commercialisation. Practices are also highlighted that may be followed if industry / RPOs choose to do so.

The IP Protocol is a key reference source for Ireland’s HEIs and research funders. HEIs have developed IP policies that are in line with national guidelines and good practice. These will include policy on spin-out formation. The detail of policies will differ amongst institutions.

Responsibility to ensure implementation of IP policies is a matter for the relevant higher education institution. I have not been informed of occasions where breaches of policy have occurred.

The Protocol and related information can be accessed on the KTI website at .