On the 5th June 2008 the European Commission published a recommendation dating back from the 10th April 2008 on the management of intellectual property in knowledge transfer activities and Code of Practice for universities and other public research organisations.

When relaunching the Lisbon Strategy in 2005, the Heads of State or Government stressed the key role that better links between public research organisations, including universities, and industry can play in facilitating the circulation and use of ideas in a dynamic knowledge society and in enhancing competitiveness and welfare. In this way, the Commission considered that an effort should be made to better convert knowledge into socioeconomic benefits. Therefore, public research organisations need to disseminate and to more effectively exploit publicly funded research results with a view to translating them into new products and services.

Equally, the Commission recognised that the active engagement of public research organisations in intellectual property management and knowledge transfer is essential for generating socioeconomic benefits, and for attracting students, scientists and further research funding.

Member States have in recent years taken initiatives to facilitate knowledge transfer at national level however this has been hampered by discrepancies between national regulatory frameworks, policies and practices, as well as varying standards in the management of intellectual property within public research organisations. For this reason the European Council therefore invited the Commission, in June 2007, to develop guidance on the management of intellectual property by public research organisations in the form of a Recommendation to Member States.

Commission Recommendations

• Ensure that all public research organisations define knowledge transfer as a strategic mission.
• Encourage public research organisations to establish and publicise policies and procedures for the management of intellectual property.
• Support the development of knowledge transfer capacity and skills in public research organisations.
• Promote the broad dissemination of knowledge created with public funds.
• Cooperate and take steps to improve the coherence of their respective ownership regimes as regards intellectual property rights.
• Use the principles outlined in this Recommendation as a basis for introducing or adapting national guidelines and legislation concerning the management of intellectual property.
• Take steps to ensure the widest possible implementation of the Code of Practice.
• Ensure equitable and fair treatment of participants from Member States and third countries in international research projects.
• Designate a national contact point.
• Inform the Commission by 15th July 2010 and every two years thereafter of measures taken.

The commission also suggested examining and making use of the best practices set out in Annex II which is available in the Official Journal of the European Union.