Abstract

The importance of Intellectual Property (IP) in academic entrepreneurship, emphasises a need for specialised knowledge of IP law in university Technology Transfer Offices (TTOs), and general awareness of IP rules amongst university researchers, research assistants, and other university personnel. This helps not only in preventing the inadvertent loss of valuable IP, but also the infringement of IP owned by other parties, which could result in costly law suits. Equally, knowledge of IP law is indispensable to the effective negotiation of licences, and the drafting of contracts that cater for the interests of both universities and industry. The objective of this article is, accordingly, to provide academic entrepreneurs with insights into IP regimes. This should help them in identifying valuable IP, and in ensuring that protection is not compromised. It will also help in determining the modes of protection suitable for particular forms of IP, how to manage acquired rights, and tackle infringements. In the following sections, we discuss these issues from the perspectives of several jurisdictions. Traversing our discussion is an examination of university IP policies, and relevant case law, which should enhance understanding. The last segment of the article concludes and reiterates the importance of IP awareness in academic entrepreneurship. Therefore, this article aims at fostering awareness of IP regimes amongst academic entrepreneurs.

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