David Cullinane (Waterford, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

277. To ask the Minister for Education and Skills further to Parliamentary Questions Nos 222, 223, 224, 225 and 226 of 7 March 2017, if his attention was drawn to breaches of policy in relation to intellectual property policy in higher education institutions since 2010, by year and institution, in tabular form; and if he will make a statement on the matter. [13173/17]

Richard Bruton (Dublin Bay North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Research is firmly on the national agenda with an investment of approximately €727m per annum being made by government into the publicly funded research system.   This is aimed at building industry-relevant research capability and creating commercial opportunities through industry-academic research partnerships. This commitment by government is further reflected in Innovation 2020. The strategy recognises that companies being able to connect with and draw from the Irish research base is a vital component in driving competitiveness. Under Innovation 2020 the government has set a combined target of public & private investment in research to 2.5% of GNP by 2020.

The updated National IP Protocol published in early 2016 year signals commitment to innovation in business through access to State funded research and expertise. The Protocol which provides a national framework for engagement and is supported by the range of useful tools and documentation produced by Knowledge Transfer Ireland (KTI), facilitates simple transactions between the business and research communities in Ireland.  Already we are seeing the benefits of such a framework as the national level of knowledge transfer activity increases.

In addition to the national framework set out in the IP Protocol, each of the research funding bodies has contracts and agreements which set out the requirements on HEIs, including in relation to knowledge transfer.

For example, as a funder of commercial and industry-academic research in the higher education sector, Enterprise Ireland’s grant agreements have rigorous clauses to mitigate any conflicts of interest in funded research projects in Higher Education Institutions.

As part of the grant process, the applicant institutions must warrant, on their own behalf and on behalf of all individuals that are either currently associated with a project or individuals who may become associated with a project at a later stage, having made reasonable and diligent enquiries of them, that no conflict of interests arise from their participation in the project. In addition, during the term of the research project applicant institutions must take steps to ensure that the continued participation of any individual does not give rise to a conflict of interest.

These strict terms in each grant agreement necessitates Higher Education Institutions to ensure that there are no conflicts of interest in the research supported by Enterprise Ireland.  

Established incidences of these types of event are a material breach of contract and there are a set or remedies also set out in the contract up to and including full repayment of the grant. 

As outlined previously, responsibility to ensure implementation of IP policies is a matter for the relevant higher education institution. Research funders engage with HEIs in relation to individual grant agreements. I have not been informed of occasions where breaches of policy have occurred during the period referred to by the Deputy.