Intellectual property and commercial activities
(i) arc is committed to advancing arthritis and musculoskeletal healthcare through its support for biomedical research. As a charity, arc is under an obligation to ensure that the useful results of research that it funds are applied for the public good. To meet these objectives, arc wishes to encourage arc-funded researchers and their institutions to play an active role in ensuring the protection and exploitation of the intellectual property arising out of the research that it funds.
(ii) Specifically, arc requires the institution to:
(a) develop and implement strategies and procedures for the identification, protection and exploitation of all intellectual property created or acquired in connection with an arc-funded activity (intellectual property includes all inventions, discoveries, technologies, products, data and know-how);
(b) notify arc promptly when intellectual property that may be of medical or commercial value is created, and ensure that such intellectual property is protected and not published or otherwise publicly disclosed prior to protection (while at the same time ensuring that potential delays in publication are minimized);
(c) permit arc to have reasonable access to personnel, facilities and information utilized in, or created or acquired pursuant to, an arc-funded activity or the exploitation envisaged under this paragraph 8;
(d) ensure that all persons in receipt of arc funding or working on an arc-funded activity (including employees, students, visiting fellows and subcontractors) are employed or retained on terms that vest in the institution all intellectual property which is created or acquired by any such person in connection with an arc-funded activity.
(iii) No intellectual property created or acquired in connection with an arc-funded activity may be exploited in any way without arc's prior written consent, such consent not to be unreasonably withheld. Exploitation includes use for any commercial purpose or any licence, sale, assignment, materials transfer or other transfer of rights. As a condition of granting such consent, arc will require the institution to agree to terms of exploitation including the sharing of the benefits (such as revenues and equity) arising from the exploitation in accordance with standard arrangements established by the Association of Medical Research Charities (see below). arc shall have the right to audit the institution's relevant accounts to confirm that there has been an appropriate cost and benefit sharing made in relation to any such exploitation.
(iv) If the institution does not protect or exploit any such intellectual property to arc's satisfaction, arc shall have the right, but not a duty, to protect and exploit such intellectual property. The institution agrees to do, and will ensure that its employees and students do, all acts required to assist arc in such protection and exploitation.
(v) In order to support arc's obligation to ensure that the useful results of research that it funds are applied for the public good, the institution is required to permit arc free use of any copyrighted material created or acquired in connection with an arc-funded activity.
Intellectual Property revenues and equity sharing
Revenue or equity benefits resulting from the exploitation of intellectual property are to be shared in accordance with standard arrangements established by the Association of Medical Research Charities (AMRC), as follows:
Technology transfer costs:
After deduction of Direct Costs, the party exploiting the Intellectual Property will be entitled to receive a percentage of net income received as follows:
Cumulative Income |
Technology Transfer Fee |
| £0 to £100,000 | 30% |
| £100,001 to £500,000 | 25% |
| greater than £500,001 | 20% |
Institution and arc revenue sharing:
Remaining net ioncome after deduction of direct costs and technology transfer costs will be distributed between the institution and arc in the following proportions:
Cumulative Income |
Institution & Inventors |
arc |
£0 to £100,000 |
65% |
35% |
greater than £100,001 |
60% |
40% |
The institution is responsible for any distribution to the inventor(s) from its share of net revenue. Any sharing of equity which arises from intellectual property exploitation must be separately negotiated with arc.
