Academic publication

A key element of any research agreement entered into by a university will be the right to publish the results, for example, in the form of scientific papers and to use the results in connection with teaching and academic research.

Publication is not only the life blood of the academic researcher's career but also important to the development of the research profile of the university.

But premature publication may damage the competitive position of the university and/or the commercial ‘partner’ and/or the chances of protecting and exploiting the IP.

For example, early disclosure would prevent an application for a patent from being successful because the invention would not be novel. The effect of this is that there would not be any protected lead-in time to get a product to market and there would be competition from other parties at all stages.

The five model Research Collaboration Agreements provide a spectrum in relation to the right to publish, with no rights to publish for the academics at one end of the spectrum and unrestricted rights at the other.

The "middle ground" is represented by the academic researchers being able to publish under a protocol that allows the commercial ‘partner’ an element of control over the content of, and the timescale for, publication (e.g., in order to give the sponsor an opportunity to secure patent protection).