OFFICE OF RESEARCH, INNOVATION

AND DEVELOPMENT (ORID)

INTELLECTUAL PROPERTY POLICY

Contents Page

1. Purpose 1

2. Definitions 2

3. Application and Scope 4

4. Policy Principles 4

5. Version Control and Change History 10

1. Purpose

The University of Ghana’s Intellectual Property policy is intended to sensitize Employees and Students of
the University on Intellectual Property matters and provide the needed security and incentives to inspire
the discovery of new knowledge.

In line with this, the University’s Intellectual Property policy seeks to achieve the following;

a) Create an enabling environment for the creation of new knowledge;

b) Safeguard the rights of researchers to their scholarly works;
c) Promote innovation to enhance Intellectual Property generating activities for the University;
d) Provide researchers with opportunities for funding for research;
e) Promote the dissemination of research findings and innovations through a timely and efficient
means of technology transfer;
f) Facilitate the effective use of inventions/innovations such that the public derives maximum
benefit;
g) Support the effective management of the University’s intellectual assets.

This policy subscribes to the University’s mission to create an enabling environment that makes
University of Ghana a centre of attraction for cutting edge research as well as high quality teaching and
learning.

The objectives of the policy are as follows:

a) To ensure that research, inventive or innovative technologies created by the University are
transferred to industry for the development of beneficial and ethically acceptable processes,
products and services.
b) To offer equitable returns to the inventor(s) and University.
c) To contribute to the social and economic development of Ghana.

In developing this policy, reference was made to several documents including WIPO’s Handbook on
Intellectual Property, WIPO’s Guidelines on Developing Intellectual Property for Universities and
Research and Development Organisations, the National Intellectual Property Policy and Strategy for
Ghana (draft) and existing Intellectual Property policies of several universities.

Any related enquiries should be directed to the Pro Vice-Chancellor, RID.

2. Definitions

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The following definitions shall apply for the purposes of this policy.

Word/Term Definition / Meaning

Assignment Agreement An agreement between two parties in which one party agrees to assign and
transfer rights, title and interest in an Intellectual Property to another party.
Background Intellectual Any Intellectual Property owned by an Employee or Student independently or
Property prior to the commencement of research and which is used in the course of
performing the research.
Commissioned Work Work created by a person specifically employed or commissioned by the
University for that purpose.
Confidential Disclosure It is also known as a Confidentiality Agreement, Non-Disclosure Agreement or a
Agreement (CDA) Proprietary Information Agreement. The CDA is a legal contract governing the
exchange of confidential or Proprietary Information between two or more parties
for limited purposes whilst restricting access to such information by third parties.
It is used when there is a need to avoid the loss of Patent right due to premature
Public Disclosure.
Confidential Information Information (includes research findings, Proprietary Information) received from a
third party by an Employee or Student (or vice versa) under an expressed or
implied commitment of confidence.
Conflict of commitment An external activity that has the potential to reduce the attention, time and efforts
devoted by an Employee to his/ her responsibilities at the University, and may
impact negatively on the performance of his/ her assigned duties.
Conflict of Interest An overlap between an individual's professional obligations and his or her private
interests. Such conflicts may not be unethical and do not constitute or imply any
wrong-doing, but they may lead to actual misconduct when considerations of
personal gain, influence or compromise an individual’s judgment and actions in
the performance of his or her primary responsibilities.
Consultancy Professional advice offered by an expert in a particular discipline.
Copyright (Copyrightable Works) Under Ghana’s copyright law, copyright subsists in
"original works of authorship" which have been fixed in any tangible medium of
expression from which they can be perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or device. These works
include: a) Literary works such as books, journal articles, poems, manuals,
memoranda, tests, computer programs, instructional material, databases,
bibliographies; b) Musical works including any accompanying words; c)
Dramatic works, including any accompanying music; d) Pantomimes and
choreographic works (if fixed, as in notation or videotape); e) Pictorial, graphic
and sculptural works, including photographs, diagrams, sketches and integrated
circuit masks; f) Motion pictures and other audiovisual works such as videotapes;
g) Sound recordings and other works listed as protected by law.
Creator A person, who discovers, invents, develops, designs, breeds, creates, authors or
expresses an Intellectual Property.
Disclosure Any non-confidential information about an invention or an idea made available to
the public. It includes abstracts, journal articles, conference papers, printed and
online publications, publicly available abstracts of funded grant proposals, open
thesis defenses, presentations, poster sessions, etc.
Employee A person who has a contract or an employment relationship with the University. It
includes professional, academic, administrative, assistantships, full time, part
time, paid, unpaid, support staff, students, etc.

Word / Term Definition / Meaning

Exempted Scholarly Copyrightable works which are artistic, academic, scholarly or instructional in

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 Work nature. Such work reflects the author’s creativity, research or scholarly ideas.
Examples include theses and dissertations, journal articles, research proposals,
textbooks, etc.
Industrial property Includes Patents granted for inventions, trade secrets, geographic indications,
industrial designs, etc.

Intellectual Property (IP) The legal rights which result from intellectual activity in the industrial, scientific,
literary and artistic fields. They include Inventions, trade secrets, copyrights,
scientific works, industrial designs, trademarks, commercial names and
designations, know how, Confidential Information, Tangible Research Property as
well as other materials protected by law or specified by the University from time
to time.
Intellectual Property A Committee charged to perform specific functions with respect to Intellectual
Committee (IPC) Property.
Intellectual Property An exclusive right granted to a person over the use of his/ her creation for a
Right(s) specified period.
Invention Refers to any new and useful process, machine, manufacture, or composition of
matter (e.g. life forms), or any new and useful improvement thereof, relating to
creative works, research material and trade secrets. An invention can be made
solely or jointly with others as co-inventors. To be recognized legally, a
co-inventor must have conceived of an essential element of an invention or
contributed substantially to the general concept, i.e. participated in the “inventive
step”.
Inventor The Creator of Inventions / technological advancement.
Material Transfer A contract regulating the transfer of Tangible Research Materials between two or
Agreement (MTA) more organizations, when the recipient intends to use it for his or her own
research purposes. The MTA describes the rights of the provider and the receiver
pertaining to the materials and any derivatives.
Net Royalty / Net All consideration, including but not limited to cash, royalties, equity and options
Income received by the University from the sale, licensing, or other commercial
transactions of an IP less all costs associated with the protection, licensing,
distribution or commercial development of the particular Intellectual Property.
Non-equity Monetary income or revenue from commercialisation.
royalties/incomes
ORID Office of Research, Innovation and Development. This is the office responsible
for the administration and management of the University’s Intellectual Property
and technology transfer processes.
Patent A Patent grants an inventor the right to exclude all others from making, using, or
selling the invention within a territory for a specified period of time. In Ghana,
the period of protection is 20 years. When a Patent application is filed, it is
reviewed to ascertain if the invention is new, useful and non-obvious.
Public Disclosure Any non-confidential information about an invention or an idea made available to
the public. It includes abstracts, journal articles, conference papers, printed and
online publications, publicly available abstracts of funded grant proposals, open
thesis defenses, presentations, poster sessions, etc.
Proprietary Information Sensitive non-public information which offers certain competitive advantage to an
organisation. It includes formulas, trade secrets, software programmes, etc.
RID Research, Innovation and Development

Word/ Term Definition / Meaning

Student A part-time or full-time Student enrolled in an undergraduate or post graduate
programme at the University.
Spin off An independent division of a company or organization established purposefully to

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 commercialise a new technology.

Tangible Research Tangible results from research activities including but not limited to software,
Property data, biological materials, microorganisms, drawings, diagrams, prototypes.

TDTC The Technology Development and Transfer Centre of the University of Ghana.
University Refers to the University of Ghana and all affiliated institutions or organizations
controlled by the University and / or governed by the University.
University Designated A person authorized by the University to execute a binding document on its
Signatory behalf.
University of Ghana The Appeals Board charged to hear and determine on appeal matters at the
Appeals Board University
Visitor A person who is neither a Student nor an Employee of the University who
engages in work at the University. This includes researchers, visiting professors,
adjunct professors, volunteers, etc.
WIPO World Intellectual Property Organization

3. Applications and Scope

This policy shall apply to all Employees and Students of the University. In the absence of any agreement
to the contrary, this policy shall also apply to Visitors.

This policy pertains to two main categories of intellectual property:

i. Industrial property;
ii. Copyright and related rights.

4. Policy Principles

The following are the principles of the University’s Intellectual Property Policy;

1) Ownership;
2) Intellectual Property Disclosure;
3) Evaluation;
4) Intellectual Property Protection;
5) Commercialisation and Licensing;
6) Assignment of Intellectual Property Right;
7) Royalty Distribution;
8) Confidentiality;
9) Consultancy;
10) Conflict of Interest and Commitment;
11) Ownership of Data;
12) Intellectual Property Committee
13) Dispute Resolution;
14) Policy Implementation, Administration and Management
15) Monitoring and Evaluation

4.1 Ownership

a. Creator Owned Intellectual Property

An Employee shall retain ownership rights to any IP created when:

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 i. The IP is created without a significant use of the University’s resources;
ii. IP is not subject to a sponsored research or any other agreement that requires ownership to reside
in a third party.

Employees may use Creator-owned IP in their research at the University. They are however required to
provide evidence of ownership of such works and formally notify ORID before use.

b. University Owned Intellectual Property

The University, in accordance with general law principles, is the owner of IP created by its Employees in
the course of their employment.

i. The University shall own any IP made, discovered or created with significant use of the
University’s resources. A significant use of University resources is said to occur where the
Intellectual Property is created with the use of University-administered funds, University
facilities, equipment, resources, time, office space, personnel, administrative support, etc.

An employee is required to disclose any IP which bears resemblance to a specific research project
to the University, together with an explanation that the IP did not arise through the significant use
of University resources.

ii. The University shall own any IP (including Exempted Scholarly Work) resulting from a
University Commissioned Work.

c. Sponsored Research

i. Ownership of IP (including Exempted Scholarly Work) from research funded by a sponsor

pursuant to a research or grant agreement, or which is subject to Confidentiality Disclosure
Agreement, Material Transfer Agreement, or other legal obligation affecting ownership will be
governed by the terms of the grant or agreement as approved by the University; or
ii. Discussed in good faith by the University and sponsor and determined on a case by case basis; or
iii. The IP would be owned by the University. The University may grant the sponsor a non-exclusive
royalty-bearing license to the IP based on reasonable terms and conditions.
iv. Where the Government provides funding for research purposes, ownership of any IP created
would vest with the University. The University would grant the Government a non-exclusive
royalty bearing license to the IP and may take steps to commercialise the IP where it is found to
be of commercial value.

d. Collaborative Research

Ownership of IP emanating from collaboration between the University and another research institution or
collaboration between an employee or student of the University and another institution; staff, student or
employee of another institution would be:

i. Determined based on specific terms in the collaborative research agreement; or

ii. The IP would be owned by the University. The University will grant the collaborator a non-
exclusive royalty bearing license to the IP.

e. Copyrights

The University would be granted an automatic non-exclusive, royalty-free, non-transferable and

irrevocable license on all copyrightable works created for its own academic purposes. The University

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waives its claim to copyright in teaching materials, text books and research publications by an Employee.
Individuals may publish these works for their own benefit.

f. Student Work

A Student will own copyright in thesis and dissertations and works derived from such works, subject to a
royalty-free license to the University to reproduce and publish the work.

A Student shall own IP created in the course of their research or study at the University except in cases
where

i. The Student employed a significant use of the University’s resources in relation to the research;
ii. The Student received financial support from the University in the form of grants, etc. for the
research;
iii. The Student was commissioned to do the work;
iv. The research is subject to contractual obligations of sponsors under a sponsored research
agreement. As such sponsored Students are advised to check the terms of their sponsorship
agreement.
v. The Student conducts the research in collaboration with others in a way that leads to joint
ownership.

Notwithstanding i. - v. of 4.1.f., the University may require a Student to assign ownership of the IP to the
University where in its opinion, the IP has potential commercial value. The University will bear all costs
associated with the protection and/or commercialisation of the said IP. The distribution of any royalty
from commercialisation shall be subject to the provisions of section 4.7 of this policy.

g. Visitors

i. A Visitor is required to disclose his/ her background IP that relates to work to be undertaken
whilst at the University to ORID.
ii. A Visitor must declare any IP created at the University during his visit to ORID.

4.2 Intellectual Property Disclosure

Disclosing Intellectual Property serves as an initial formal step to acquiring appropriate protection for
one’s Intellectual Property. Employees and Students are required to submit a disclosure of any innovative
scientific discovery of potential economic value to the TDTC as soon as possible and prior to Public
Disclosure.

Employees and Students must ensure that research findings and creations with market potential are not
subjected to premature disclosure as this may jeopardize their protection and commercialisation. Thus
Employees and Students must avoid a Public Disclosure of the Intellectual Property until the end of the
evaluation period and filing of protection. An IP may however be safely disclosed beyond the University
under the terms of a Confidential Disclosure Agreement.

Employees and Students are required to disclose any background Intellectual Property which would form
part or be used in the creation of an Intellectual Property to ORID.

4.3 Evaluation

The TDTC will conduct a pre-evaluation of invention disclosures and other IPs disclosed to it in order to
determine whether or not the technology will be accepted for the purposes of protection,
commercialisation and/or licensing based on its potential benefits, commercial potential and industrial

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relevance. Following this, the Intellectual Property Committee (IPC) will conduct an extensive evaluation
of the IP and make a recommendation. The IPC may consult with other experts in the performance of this
function.

4.4 Intellectual Property Protection

The University will apply for protection of the IP where in its judgment, the IP is found to be of
significant commercial potential. The costs associated with such protection will be borne by the
University unless otherwise provided. The University would not pursue the protection of an IP where its
successful commercial development is uncertain.

4.5 Commercialisation and Licensing

The University will endeavour to promote the use of research findings and the development of Inventions
and innovations by industry for public use. In some cases, the University may put the IP in the public
domain and not for the purpose of licensing and profit making.

The TDTC in collaboration with the Creator will develop a mutually acceptable plan for
commercialisation of the technology. The plan would address issues such as potential funding sources,
options for developing the IP, marketing, targeted customer base, companies with resources and
capabilities to put the technology onto the market, etc. Any losses incurred with the commercial
development of an IP would be absorbed by the University.

The TDTC will have responsibility for the commercial development of University owned IP. Commercial
development will emerge either through a licensing of the IP, an assignment of the IP or the establishment
of a spin-off.

4.6 Assignment of Intellectual Property Rights

The University may assign its exclusive rights to an IP to another person or organization for commercial
returns. Where rights are assigned, an IP Assignment Agreement would be put in place in order to
formalize the agreement between the two parties for the sale and purchase of the IP.

4.7 Royalty Distribution

4.7.1 Distribution of non-equity royalty/ net income

Non-equity royalties or income from the commercialisation of an IP or technology shall be maintained by

the University until all direct and indirect costs related to the protection and / or commercialisation of the
Invention is reimbursed. Subsequently, the Net royalty / Net income would be distributed as follows;
i. The inventor will receive forty percent (40%) of Net Royalties. Net Royalty / Net Income will be
distributed equally among inventors where there is more than one inventor.

ii. The remaining sixty percent (60%) would be allocated as follows:

• Twenty-five percent (25%) to the University;

• Fifteen percent (15%) for the support of research grants or fellowships;
• Ten percent (10%) to the Inventor’s College and its constituents;
• Ten percent (10%) to an IP Fund to be established in support of IP protection,
marketing and commercialisation activities, etc.

Inventors/ Creators are personally responsible for complying with any tax and other obligations
associated with the receipt of their share of Net Royalties or Net Income.

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4.7.2 Distribution of Equity

The University may accept equity interests in lieu of monetary payments from a company following the
utilisation of IP owned by the University by the company. Upon receipt of equity, the University would
allocate a share of the equity interest equal in value to the direct and indirect expenses borne by it in
securing protection and in commercialising the IP in question. The University will allocate the equity
interest, dividend income or proceeds from the sale of the equity in the same manner as stipulated in the
allocation of non-equity revenue in section 4.7.1.

4.8 Confidentiality

All IP disclosures shall be considered confidential by the University. Researchers and the TDTC are
responsible for informing all third parties of the confidential nature of information contained in a
disclosure and any other documents that may be shared.
4.8.1 Managing Confidential Information from External Researchers

Where an Employee or Student receives Confidential Information from a different institution or

researcher with regards to research being undertaken by the same at the University, there exists the
possibility of the other institution imposing non-use and non-disclosure obligations on this information.
The other institution may claim an ownership interest in inventions or any material arising from research
conducted with this confidential information. For this reason, only representatives of the University
would be authorized to endorse and sign CDAs from other institutions on behalf of the University.

In the case of sponsored research, any Confidential Information received by an Employee or Student will
be governed by the terms of the applicable sponsored research agreement where such terms differ from
the provisions of this policy.

4.9 Consultancy

Prior to the commencement of Consultancy works, written agreements would be reached between the
University’s Designated Signatory and the external party on the ownership of IP. IP may be owned by the
University or determined on a case by case basis.

4.10 Conflict of Interest and Commitment

Commercialisation activities that involve Employees or Students under this policy would be subjected to
review of potential Conflict of Interest and commitment issues. An Employee undertaking consulting
work with third parties must ensure that their consultancy agreements are not in conflict with the
provisions of this policy.

4.11 Ownership of Data

Research data shall be jointly owned by the University and researcher(s) or determined on a case by case
basis. Either party shall have a right to use the data for its research purposes. Sponsors of research may
own the data collected for the purposes of the research. This notwithstanding, the researcher and the
University shall have unrestricted access to the data, even when a project has ended. Collaborators would
also have unrestricted access to all data obtained or collected through collaborative research activities. In
spite of these provisions, entitlement to the ownership of primary data, software, and other products of
research may vary, depending on the circumstances under which the research is conducted. As such,
ownership of data would be specified in the contract agreement to be signed by the two parties.

4.12 Intellectual Property Committee

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The Vice Chancellor shall appoint a nine-member Intellectual Property Committee comprising a Director
at ORID, representatives from all Colleges, a legal, administrative and student representatives. The IPC
may consult with others as it deems fit in the performance of its mandate. The IPC shall evaluate IP
disclosures, recommend mechanisms for protecting Intellectual Property and perform other functions to
promote the development and commercialisation of the University’s Intellectual Property. The Committee
would also facilitate the mediation of disputes concerning Intellectual Property.

4.13 Dispute Resolution

Any dispute or difference between the parties in connection with this policy shall be referred to mediation
in the first instance and subsequently to arbitration under the Alternative Dispute Resolution Act 2010,
Act 798. Any challenge to an arbitration award shall first be to the University of Ghana Appeals Board
and then to the High Court if necessary. This would be stipulated in the contract agreement to be signed
between the two parties.

4.14 Policy Implementation, Administration and Management

This policy as presently set forth, and as it may be amended from time to time, is binding on any
Employee or Student who develops an IP during the course of employment or study at the University.
The policy remains binding whether or not they cease to be an Employee or Student of the University.

i. ORID is responsible for the enforcement, implementation, administration and management of the
University’s IP Policy.
ii. Provosts, Deans and Directors are responsible for ensuring that Employees and Students within
their units comply with provisions in this policy.
iii. The University will develop guidelines and other relevant documents to facilitate the execution
of this policy. The absence of these other documents shall not in any way nullify the applicability
or enforceability of this policy in its current state or as may be amended from time to time.
iv. This policy shall take effect immediately upon adoption by the University of Ghana Council.
Any amendment shall be effected in a similar manner.
v. A breach of the Intellectual Property Policy shall be considered as a violation of University
policy which may lead to an imposition of sanctions or disciplinary actions.

4.15 Monitoring and Evaluation

A monitoring and evaluation framework will be developed and applied in the implementation of this
policy. Monitoring would be done in order to access the achievement of intended objectives, make
decisions aimed at improving performance, and to measure accountability to all parties. The policy will
be reviewed and evaluated during and after the time of its implementation to ensure that the intended
results are achieved.

5. Version Control and Change History

Version Control Effective Date Approved By Amendment

1.

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