Provision Language
11. Intellectual Property (IP)
GOSH Charity is under an obligation to ensure that the useful results of project that it funds are applied to maximise the opportunities to improve the lives of the Beneficiaries of Great Ormond Street Hospital NHS Foundation Trust and for wider public benefit.
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11.5 All revenues generated through the commercial exploitation of IP arising from the Project shall be divided as recommended by the Association of Medical Research Charities (AMRC) guidance. The current guidance can be found in the GOSH Charity IP Policy (see Appendix 2) and is also published on the Charity’s website. For the avoidance of doubt, in the event of any conflict between the GOSH Charity IP Policy in Appendix 2 or that published on the GOSH Charity website, then the GOSH Charity IP Policy provided in Appendix 2 shall prevail, unless otherwise agreed in writing by the parties to this Agreement, or unless the GOSH Charity IP Policy has not been appended.
11.6 The organisation responsible for exploiting the Project is entitled to receive a translation fee on the net income received. It is anticipated that the organisation responsible for this exploitation will deduct the direct costs that have been incurred as a result of exploitation, for example patent costs or proof-of-concept funds. GOSH Charity will not financially support the costs of patent protection and the process of making decisions on patents, except in the unlikely circumstance where GOSH Charity choses to own the IP.
11.7 GOSH Charity expects that the institutional funder share is split according to the current AMRC recommendations published in the GOSH Charity IP policy (Appendix 2). If GOSH Charity is not the sole funder, it is the responsibility of the Host Institution where the Project is taking place to identify the amount that should be allocated to each funder. It is also the responsibility of the institution to reward the inventor(s) of IP from the revenue share according to its own policy and practice.
Appendix 2: GOSH Charity Intellectual Property position
Revenue Sharing Arrangements
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GOSH Charity has agreed the following revenue sharing scheme which applies to all Grant Terms and Conditions of Funding:
GOSH Charity expects that these recommendations form the basis for negotiations around any potential revenue sharing agreements because of IP exploitation. It is anticipated that any organisation that has been responsible for the exploitation (e.g. the TTO) will deduct the direct costs that have been incurred as a result of the exploitation e.g. patent costs or proof-of-concept funds ahead of the distribution. GOSH Charity will not financially support the costs of patent protection and the process for making decisions on patents, except in the unlikely circumstance where GOSH Charity choses to own the IP. Further, the organisation responsible for exploitation is entitled to receive a Translation Fee of 5-10% (i.e. the fee paid to the local TTO) on the net income received. Where a higher percentage fee is sought by the institution, the onus will be on the Host Institution to demonstrate why a higher fee is warranted (for example because a service cost has been absorbed by the TTO other than those already deducted as direct costs).
The remaining net income is then distributed between the Host Institution and the funder and GOSH Charity expect that the institutional: funder share is split 50:50. That is for example, if GOSH Charity is the sole funder, then GOSH Charity will receive 50% of the ‘remaining net amount’. The other 50% is the share of the Host Institution and from this they will allocate revenue according to their own policy, including revenue to the inventors. The Grant Terms and Conditions of Funding, which captures this Intellectual Property Policy, take precedence over any other agreement or policy that may be in place between the parties to it in relation to its subject matter. If GOSH Charity is not the sole funder and other funders are involved, it is the responsibility of the Host Institution where the innovation took place to identify the amount that should be allocated to each funder. Two things are generally taken into consideration when doing this:
• the inventive contribution of the inventors and
• the proportionate funding contributions of the funders
Income generation from IP is appreciated but is not the primary driver for supporting research and our other grants. GOSH Charity’s position on IP is motivated by a desire to maximise the impact of its research and other innovations for the benefit of the GOSH Beneficiaries, by helping to ensure that new ideas do become a real device, diagnostic, treatment, medical software or other invention available to patients, families or clinicians that wouldn’t ordinarily have been provided by the statutory authorities.