Preparation Exploration Negotiation Implementation
Researcher: I thought it, I own it (or my university might own it depending on my employment terms). Each institution has IP policies to outline different level of ownership at the start of the collaboration or contract. Sometimes, I don't really care about intellectual property discussions; I will give it away and publish it as long as people use it and give me the credit.
Practitioner: I bought it, I own it [also, I thought part of it too, please don’t discount that!] I only have one type of template for a consultancy agreement, in which the INGO has all intellectual property rights; it takes too much effort and the involvement of our legal team to change this.
Convergence: Incorporate intellectual property discussions into the collaboration agreement (do not wait until the end). Seek joint ownership whenever possible; if not possible, at very minimum seek unrestricted license. Practitioners: Develop a new template specifically for a research consultant that allows for a negotiation in IP rights. Develop a MOU with university partners that include intellectual property issues so that can be referred to in all project agreements.
Questions Researchers Can Ask:
What is the process for creating derivative products that result from this collaboration? Who owns the rights to those products?
What rights do I have to use the data after the collaboration is over? Who else can I share the data with?
What is the process for sharing the data, including any data use agreements?
Questions Practitioners Can Ask:
How will you ensure that any derivative products give us credit for our role in the collaboration? What is the process for joint review?
What is the recourse if any of the products or derivative products expose our organization to reputational risk?
How do we ensure that we are meeting donor co-branding requirements?
Questions Both Can Ask:
Who owns the rights to the products of our collaboration? How can we ensure fair use by all parties involved in the research and other institutional partners/key stakeholders?
What level of ownership do research participants have in the research that they contribute to? How will results be shared back in a meaningful way?