IPR Management

Effective Intellectual Property Rights (IPR) Management ensures that intellectual property is protected, managed, and leveraged effectively throughout the technology transfer process. The below section is divided into three components, which cover key information, tools and standardized documents: 1. Introduction to IPR, 2. IPR Management Resources, and 3. Policies and Templates.

Effective IPR management begins with the identification and documentation of inventions, followed by securing appropriate protections such as patents, copyrights, trademarks, or trade secrets, depending on the nature of the innovation. This process involves several steps including evaluating the novelty, utility, and market potential of the IP, conducting freedom-to-operate analyses, and navigating complex filing procedures across jurisdictions. Beyond protection, IPR management also includes the clarification and decisions on ownership rights, developing licensing or other commercialization strategies, enforcement, and alignment of IPR decisions with business goals. Strong IPR management is essential for attracting investors, enabling industry partnerships, and maintaining a competitive edge. It is a critical component for both research institutions and startups aiming to bring new technologies to market.

Introduction

IPR Management Resources

Policies and Templates

Introduction

Intellectual Property Rights (IPR) management is a strategic and operational process that ensures innovations are legally protected, properly attributed, and effectively utilized to support commercialization and knowledge transfer. It begins at the research stage, where potential inventions are identified and assessed for novelty, inventiveness, and commercial relevance. Researchers are encouraged to promptly disclose potential inventions to the appropriate point of contact within their organization, such as a legal advisor, research office, or technology transfer function. This team or individual typically supports prior art searches, market assessments, and helps determine the most suitable form of protection, whether patents for inventions, copyrights for software or publications, trademarks for branding, or trade secrets for confidential processes.

IP Types

IP Considerations

IP Types

In the context of IPR, particularly within collaborative research and innovation projects (e.g., EU-funded consortia, industry-academia partnerships), the terms "background" and "foreground" refer to different types of knowledge and IP, based on when and how they were generated. This distinction is crucial, as it determines how IP is managed, shared, and utilized throughout the project lifecycle.


Component Background IP Foreground IP

Definition

Background IP (also called background knowledge) refers to any pre-existing intellectual property, know-how, data, or technology that is brought into a project by a participant.

Foreground IP (also called foreground knowledge) refers to any new intellectual property, data, inventions, or results generated during the execution of the project.

Characteristics

  • Developed before the start of the collaborative project.
  • Not generated within the scope of the current project.
  • May include patents, trade secrets, proprietary tools, databases, designs, or software.
  • Access rights to background IP must usually be explicitly granted in the consortium or collaboration agreement.
  • Created as a direct result of the project’s activities.
  • Includes inventions, software, designs, processes, and results developed during the collaboration.
  • Ownership typically resides with the party (or parties) that generated it.
  • In multi-party projects, joint ownership rules may apply if multiple partners contributed.

Considerations

  • Each partner typically lists the relevant background IP they are contributing.
  • Use rights are negotiated (e.g., royalty-free for research purposes, or royalty-bearing for commercial use)
  • Ownership remains with the original holder unless otherwise agreed.
  • Requires clear provisions in the collaboration or grant agreement
  • Foreground IP can be protected (e.g., by patenting) and later exploited through licensing, spin-offs, or commercial partnerships.
  • Access rights for project use or exploitation are defined contractually and often subject to conditions.

IP Considerations

When managing IP in collaborative projects, it is essential to distinguish between Background IP and Foreground IP. Background IP refers to pre-existing assets, such as patents, software, or know-how, that are brought into the project. These remain owned by the original holders and require explicit permission or licensing for use.

In contrast, Foreground IP includes all IP created during the project, such as new inventions, data, or designs. This is typically co-owned or owned by the creator(s), with usage rights and exploitation terms defined in the project agreement. Proper documentation is critical: Background IP must be clearly declared upfront, while Foreground IP must be promptly reported, protected, and managed for future commercialization or development.


Feature Background IP Foreground IP

Timing

Pre-existing before the project starts

Created during project execution

Ownership

Retained by original owner

Owned by creator(s), possibly jointly

Usage Rights

Must be negotiated and documented

Defined in project agreement

Examples

Existing patents, software, know-how, tools, databases

New inventions, data, software, designs

Use in Project

Requires explicit permission or licensing for use

Typically, accessible to project partners under agreed conditions

Transferability

Usually not transferred, only licensed for project use

Can be transferred or licensed for exploitation

Exploitation

May not be directly exploited in the project context

Intended for protection, commercialization, or further development

Need for Documentation

Background IP must be declared in agreements (e.g., list of assets)

Foreground IP must be reported and protected appropriately

Once protection is secured, effective IPR management includes maintaining rights (e.g., patent renewals), managing ownership (especially in collaborative or multi-institutional projects), and developing licensing strategies that balance exclusivity with market reach. It also involves negotiating material transfer agreements (MTAs), non-disclosure agreements (NDAs), and joint ownership or development agreements. Institutions must ensure compliance with national and international regulations, funding agency requirements, and internal policies, particularly regarding public disclosures and publications.

Importantly, IPR is not just legal protection but a strategic asset. A well-managed IP portfolio enhances the technology’s value proposition, increases investor confidence, supports spin-offs and licensing revenue, and serves as a foundation for competitive advantage. In commercialization, clear and enforceable IP rights facilitate smoother negotiations, reduce the risk of disputes, and make technologies more attractive to industry partners. Therefore, IPR management must be proactive, integrated into research and innovation workflows, and aligned with the broader mission of bringing impact-driven solutions to market.

Below is a table with some of the most used legal tools for protecting intangible assets.


Legal rights What for How

Patent

New inventions

Application & examination

Utility patent

New inventions

Application & examination

Copyright

Original creative or artistic forms

Exists automatically

Trademarks

Distinctive identification of product or services

Use and/or registration

Registered designs

External appearance

Registration

Trade secret

Valuable information not known to the public

Reasonable efforts to keep secret

IPR Management Resources

IPR Management Resources provide the essential tools, frameworks, and expertise needed to effectively manage intellectual property assets throughout their lifecycle. These resources support activities such as IP valuation to assess commercial potential, tracking systems to monitor legal status and deadlines, and freedom-to-operate (FTO) analyses to ensure that new products or technologies do not infringe on existing rights. They also include legal templates, patent databases, institutional policies, and access to specialized advisors. By integrating these elements, IPR management resources help organizations make strategic decisions, minimize legal and financial risks, and maximize the value and impact of their innovations.


Component Purpose Relevant Tools Description When

IPR Basics

Educate stakeholders on IP fundamentals

EC Guide to IP in Europe

Resources explaining patents, trademarks, and copyrights

Conduct workshops or distribute guides to stakeholders

At the start of the transfer process

Regulatory Overview

Understand relevant IP regulations, including EU laws

EU IPR Helpdesk

A resource providing guidance on IP laws, including EU regulations

Consult helpdesk for regulatory insights and EU-specific guidelines

Before initiating IP protection

IP Valuation

Assess the monetary value of IP assets

EC Factsheet IP Valuation

Frameworks to estimate IP worth based on market and technology potential

Conduct valuation using discounted cash flow or market-based methods

During assessment and planning, or before IP sale

IP Portfolio Tracking

Monitor and manage IP assets

IP Management Software

Tools to track patents, trademarks, and other IP assets

Use software to log and update IP status, renewals, and licensing

Throughout the transfer process

Freedom-to-Operate Analysis

Ensure no IP conflicts with existing patents

Patent Search Tools see IP assessment

Tools to analyze potential IP infringements

Perform searches and legal reviews to confirm freedom-to-operate

Before finalizing IP protection or licensing

IP Strategy Planning

Define strategic goals for IP protection and use

WIPO IP Strategy Framework

A guide to align IP with business and market objectives

Conduct workshops to define IP goals, licensing, or sale strategies

During planning, before protection or transfer

Policies and Templates

The Policies and Templates section offers standardized guidelines and documentation to streamline the IP assessment process, facilitate IP protection process, and support the use of standard agreement templates for technology transfer. This ensures legal clarity and compliance with institutional IP frameworks for evaluating and licensing technology.


Component Purpose Relevant Tools Description Way When

IP Policy

Define the organization’s rules for securing IP rights

WIPO IP policy Framework

A framework for IP protection procedures and compliance

Customize and implement policy for organizational use

During initial IP strategy development

Internal Disclosure Form

Document initial disclosures of inventions or technologies

IP Disclosure Form

A standardized form to capture details of new technologies or inventions from researchers

Distribute forms to researchers, collect and review submissions to initiate IP assessment

At the start of the technology transfer process, when new inventions are identified

NDA Templates

Protect confidential information

NDA

A standard agreement to safeguard proprietary data

Use during initial partner discussions to ensure confidentiality

Before negotiations or technology disclosure

Collaboration Agreements

Establish terms for contract, joint development, MTA or research

Model Agreement

A framework for shared responsibilities, IP ownership, and deliverables

Customize for joint venture or research partnerships

During collaborative transfer negotiations

Disclaimer: The resources and links referenced in this document are sourced from publicly available materials and are provided solely for informational and illustrative purposes. They are not intended for commercial use or as a substitute for professional advice. The authors and contributors do not claim ownership of these external materials. All trademarks, copyrights, and other intellectual property rights remain with their respective owners.

Use of these resources is at the user's discretion and risk. The authors and contributors disclaim any and all liability for any loss, damage, or consequences arising directly or indirectly from the use of this document or the resources it references.

Inclusion of any external link or resource does not imply endorsement or affiliation.

Reference table

Here is your reference list organized according to the structure you provided:


Ref. No. Citation Context in Document Notes

1

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Technology Transfer; Service Provision

Visual tool for mapping user experience, frontstage and backstage actions

2

World Intellectual Property Organization. (n.d.). PATENTSCOPE. WIPO. https://www.wipo.int/en/web/patentscope

Technology Transfer; Service Provision

Global patent database

3

European Patent Office. (n.d.). Espacenet patent search. https://worldwide.espacenet.com/

Technology Transfer; Licensing; Assessment

European patent data

4

Cambia. (n.d.). The Lens – Free and open patent and scholarly search. https://www.lens.org/

Technology Transfer; Licensing; Assessment

Combines patents and market insights

5

European Commission. (n.d.). Intellectual Property Helpdesk Helpline. https://intellectual-property-helpdesk.ec.europa.eu/services/helpline_en

Technology Transfer; Licensing; Assessment

EU IP assistance

6

Baxter IP. (n.d.). Patent process flowcharts. https://www.baxterip.com.au/patent-process-flowcharts

Technology Transfer; Licensing; Preparation

Patent journey overview, process visualization

7

Intuit. (n.d.). Go-to-market strategy template [PDF]. https://digitalasset.intuit.com/render/content/dam/intuit/sbseg/en_us/Blog/Downloadable-assset/Template/go-to-market-strategy-template.pdf

Technology Transfer; Licensing; Preparation

Commercialization

8

DSF Cyprus. (2022). Stakeholder mapping exercise template [PDF]. https://dsf.dmrid.gov.cy/media/2022/05/DSF-LINKED-Stakeholder-Mapping-Exercise-Template.pdf

Technology Transfer; Licensing; Preparation

Stakeholder analysis, for mapping key players

9

University of Essex. (n.d.). Full due diligence checklist (New UKRI format) [Excel file]. https://www.essex.ac.uk/-/media/documents/directories/reo/research-governance/full-due-diligence-checklist-(new-ukri-format).xlsx

Technology Transfer; Licensing; Execution

Research due diligence

10

World Intellectual Property Organization. (n.d.). Exchanging value: Negotiating technology licensing agreements [WIPO Publication No. 906]. https://www.wipo.int/edocs/pubdocs/en/licensing/906/wipo_pub_906.pdf

Technology Transfer; Licensing; Execution

WIPO guidebook

11

University of Newcastle. (n.d.). IP Policy Document [PDF]. https://policies.newcastle.edu.au/download.php?id=390&version=1&associated

Technology Transfer; Licensing; Execution

Governance

12

Association of University Technology Managers. (n.d.). Term sheet tools. https://autm.net/surveys-and-tools/tools/term-sheet

Technology Transfer; Licensing; Execution

Term sheet tool

13

The Prince’s Trust. (n.d.). Business plan tools and resources. https://www.kingstrust.org.uk/how-we-can-help/tools-resources/business-tools/business-plans

Technology Transfer; Spinning off

Business plan guides

14

City of Winnipeg. (n.d.). City of Winnipeg official site. https://www.winnipeg.ca/

Technology Transfer; Spinning off

Financial tools for decision making

15

Harvard Business School. (n.d.). Break-even analysis template [Excel file]. https://hbswk.hbs.edu/Shared%20Documents/archive/docs/breakeven.xls

Technology Transfer; Spinning off

Financial feasibility

16

Exinfm. (n.d.). Patent valuation tool [Excel file]. https://www.exinfm.com/excel%20files/mypatentvaluationtool3.xls

IPR Management Resources

Tool for IP value estimation

17

World Intellectual Property Organization. (n.d.). Business checklist. https://www.wipo.int/en/web/business/checklist

IPR Management Resources

Startup/IP checklist

18

World Intellectual Property Organization. (n.d.). Models of intellectual property governance and administration: IP policy framework and governance. https://www.wipo.int/web-publications/models-of-intellectual-property-governance-and-administration/en/1-ip-policy-framework-and-governance.html

Policies and Templates

IP policy structures

19

Columbia Technology Ventures. (2024). Invention Report Form (Updated 2024-08-08) [Word document]. Invention Report Form_updated_2024_08_08.docx

Policies and Templates

Used in TTO processes for internal reporting

20

World Intellectual Property Organization. (n.d.). Model IP agreements toolkit [Word document]. https://www.wipo.int/universities/en/docs/ip_toolkit/model_agreements.docx

Policies and Templates

Legal templates

Sample agreements