Intellectual Property and Technology Transfer Under Higher Education, Technical and Vocational Training and Research Institutions and Industry Linkage Proclamation No. 1298-2023

The Proclamation on Higher Education, Technical and Vocational Training and Research Institutions and Industry Linkage No. 1298/2023 dedicates Part Four to the critical area of Intellectual Property and Technology Transfer. This section lays out a comprehensive framework for managing and leveraging the valuable outcomes of collaborative efforts among higher education institutions, technical and vocational training institutions, research bodies, and the industrial sector. The aim is to bridge the gap between academic innovation and practical application.

Key Aspects of Intellectual Property (IP) and Technology Transfer

The Proclamation introduces specific definitions, mandates structured management systems, and establishes principles for benefit-sharing related to intellectual property and technology transfer.

1. Definitions

Clarity in terminology is foundational to the Proclamation’s objectives:

• Technology Transfer: This is defined as the systematic process of sharing or utilizing skills, knowledge, technologies, and methods among higher education, technical and vocational, and research institutions, as well as other public and private organizations. Its overarching goal is to make scientific and technological outputs accessible, enabling the end-user to further develop or exploit the technology into new products, processes, applications, materials, or services.
• Intellectual Property (IP): This broadly refers to a legal right over a creative work of human intellect. Within the context of this Proclamation, it specifically includes patents, trademarks, copyrights, and utility model certificates obtained through collaborative linkage activities between institutions and industry.

2. Intellectual Property Implementation (Ownership and Management)

The Proclamation mandates that linkage actors (the institutions and industries involved in collaborations) shall collaboratively prepare detailed ownership and management systems for intellectual property results obtained through their joint efforts. This system must be consistent with existing national laws and take into careful consideration the specific nature and contributions of each party involved in the linkage activities.

3. Establishment of Support Centers

To facilitate effective IP management and technology transfer, linkage actors are also tasked with establishing a structured system for the ownership rights and management of intellectual property products. This implies the creation of dedicated support centers or a robust internal framework designed to streamline these processes, always adhering to established laws and a meticulously detailed system.

4. Royalty Distribution

To ensure fairness and incentivize innovation, the Proclamation stipulates that the Linkage Council shall issue a detailed Directive specifically governing the fair distribution of intellectual property income (royalties). This directive will meticulously outline the allocation of revenues between the collective linkage actors (the participating institutions and industries) and the individual intellectual property owners (the researchers, inventors, or creators of the IP).

5. Duties and Responsibilities of Linkage Actors Regarding IP

The Proclamation assigns specific responsibilities to different types of linkage actors concerning the utilization of IP rights gained from collaborative efforts:

• Higher Education Institutions: Are responsible for ensuring that intellectual property rights obtained through linkage are primarily used for educational services. This must be done in accordance with existing laws and in a manner that protects the rights and interests of all linkage actors involved.
• Research Institutions: Have a duty to ensure that intellectual property rights obtained through linkage are utilized for further research agendas. Like educational institutions, this must adhere to current laws and safeguard the rights and interests of all participating linkage actors.
• Technical and Vocational Training Institutions: Are specifically mandated to ensure that intellectual property rights gained from linkage activities are used for training and skill enhancement services. This use must also comply with existing laws and protect the rights and interests of all involved linkage actors.
• Ministry of Education: Is responsible for establishing a linkage fund system. This fund is intended to strengthen linkage activities and mobilize financial resources for tasks performed by linkage actors, following its proper implementation in consultation with the Council.

6. Recognition and Incentives

The Proclamation also outlines an important incentive system designed to encourage researchers and inventors participating in linkage activities. If a researcher or inventor successfully secures external funds for research and innovation within a higher education, technical and vocational training, or research institute, they shall be financially benefited from that fund. The specific amount of this financial benefit is to be clearly stated within the project agreement itself, with further details on its implementation to be determined by a subsequent Directive.

Conclusion

In essence, the “PROCLAMATION ON HIGHER EDUCATION, TECHNICAL AND VOCATIONAL TRAINING AND RESEARCH INSTITUTIONS AND INDUSTRY LINKAGE No. 1298/2023” establishes a comprehensive legal framework for the creation, management, transfer, and equitable benefit-sharing of intellectual property and technology. This legislation is crucial for fostering a robust ecosystem of innovation and ensuring that collaborative initiatives between Ethiopia’s educational, research, and industrial sectors contribute effectively to national development.