Utilisation of Research

RU employees (full-time or part-time), guest employees, and students who receive payments in the form of salaries or grants from the University.
In the case of an invention between an employee and a student, the employee notifies the Intellectual Property Council of the invention.

Intellectual property is the result of human creation. In general, intellectual property is an intangible asset that can create a competitive advantage and economic advantage for its owner through production, sale, or licensing. Intellectual property rights are registered or statutory rights that provide the owner of the intellectual property with protection against unauthorised use by others. Below you will find information about the main intellectual property rights that can be created during research:

• Patents are granted for new technological inventions. A condition for granting a patent is that the invention is new, involves an inventive step, and is industrially applicable. A patent can, for example, include new equipment/device, a compound, a process, or a use. Obtaining a patent is a time-consuming and costly process, but it may nevertheless be a prerequisite for the invention to be utilised by society. Developing an invention into a market-ready product often requires a substantial investment, and to recoup these costs, investors/companies demand protection of the intellectual property. Patents are generally national, although there are exceptions, e.g. in the case of European Union patents and European (EP) patents. Patents are governed by Patent Act No. 17/1991. Patents are registered in Iceland with the Icelandic Intellectual Property Office.
• Design protection includes the right to the appearance and visual presentation of a product. According to the Design Act No. 46/2001, it is possible to obtain exclusive rights to innovative and original designs, which can apply to various digital user interfaces. Such protection ensures that no one else can produce or sell the design without the rights holder's consent, thereby creating a competitive advantage in the market. Design protection is granted for up to 25 years and is registered in Iceland with the Icelandic Intellectual Property Office.
• Copyright grants individuals or legal entities ownership rights to original works that they create, whether these are written works, music, visual art, films, or other artistic and scientific works. According to the Copyright Act No. 73/1972, the author automatically acquires rights to their work when it is created, without having to apply for registration. These rights are twofold: on the one hand, financial rights, which allow the author to receive payment for the use of the work, and on the other hand, moral rights, which ensure that the author is consistently identified as such and that his work is not modified offensively. According to the RU Intellectual Property Policy, the policy does not apply to copyright in literary works, including teaching materials, manuscripts, articles, and books, unless otherwise agreed. RU does, however, have the right to use such work, cf. employment contracts.
• Trade secrets are information that has economic value because it is not public and is protected by special measures. The Act on Trade Secrets No. 72/2019 guarantees companies and individuals the right to keep essential knowledge confidential, such as specialised production methods, raw material combinations, and business information. Unlike patents, this type of protection has an unlimited period of validity, provided that the information remains confidential. There are a few trade secrets in an academic research environment where the emphasis is on disclosure, although this is not excluded.

Other types of intellectual property include trademarks, which protect the identity of goods and services on the market, and database rights, which protect databases that require a significant investment in their creation.

Universities develop diverse intellectual property through research and innovation. Patents are the intellectual property most commonly utilised by universities.

According to the RU Intellectual Property Policy, employees who believe they have developed exploitable intellectual property in the course of their work (inventions and other exploitable research and projects) should disclose the intellectual property to the RU Intellectual Property Council, unless otherwise agreed.

According to the RU Start-up Policy, employees must notify the RU's Intellectual Property Council of the establishment or intention to establish a start-up company that exploits knowledge, research, and projects created or generated within the University, or utilises or will utilise University resources. The University generally does not acquire a share of less than 10% in such companies. Still, in return, employees are given the flexibility to work on the company's development, access to facilities, opportunities to apply their knowledge, research, and projects (not covered by the Intellectual Property Policy), as well as expert advice (e.g., legal and business development), among other benefits. According to RU's intellectual property policy, if intellectual property is used in the operations of a RU start-up company, the company can obtain an exclusive license on fair terms. Auðna TTO provides RU start-ups with various forms of assistance, such as business idea development and networking support.

After the disclosure has been sent, an employee is generally invited to a meeting of the Intellectual Property Council to present the intellectual property. The Intellectual Property Council seeks the assistance of Auðna TTO, which analyses the registrability of intellectual property (patentability of an invention) and its utilisation possibilities. Additionally, it is often recommended that employees participate in a communication search managed by the Icelandic Intellectual Property Office. Subsequently, the Intellectual Property Council decides whether RU intends to acquire the right to an invention and apply for protection of intellectual property, e.g. by filing a patent application. This decision is followed by an agreement with the employee (s), and simultaneously, a service request is sent to Auðna TTO, where they are entrusted with managing the registration of the intellectual property and its utilisation, unless the employee decides to establish a RU start-up company around the intellectual property. In the case of an invention, the aim is to exploit it within 27 months from the submission of the priority patent application, which can be achieved through a license agreement with a start-up company or an operating company.

A patent application is often based on a draft scientific article. Employees are consulted on a suitable time for filing a patent application. After filing a patent application, the research on which the application is based can be published.

For an invention to be patentable, it must not have been published in speech or writing, e.g. on a poster, at a conference, in an article or book chapter, in any language.

RU pays the cost of a priority application and the filing of an international PCT application, provided that the Intellectual Property Council approves the filing of the patent applications and the intellectual property has not been licensed. RU pays for Auðna's work.

No, RU evaluates each case individually, in consultation with Auðna, and, if necessary, external experts.

If intellectual property is successfully exploited, the net profits of the financial returns will be divided, i.e. the amount remaining when direct costs incurred by Reykjavik University in respect of the protection and exploitation of intellectual property have been paid, e.g. costs of novelty searches, patent applications and other patent-related costs, market research and business development.

The principle on the division of financial profit from the exploitation of intellectual property to which Reykjavik University has been assigned is as follows:

• Intellectual Property Council 15%
  The revenues are used to cover the costs of the Intellectual Property Council's work, including the costs of a knowledge and technology transfer office, expert services, non-reimbursable patent costs, and other expenses related to the registration and enforcement of intellectual property. This share may be higher in cases where the intellectual property is jointly owned by Reykjavik University and a third party, which is responsible for protecting and exploiting the intellectual property. All profit more than costs goes to the Reykjavik University Research Fund.

After the above costs have been paid, the sum which remains is divided as follows:

• Employee(s) 33%
  If employees jointly generate intellectual property, the research/project director is responsible for negotiating their respective interests. An agreement to this effect shall be in place before the assignment agreement.
• Operating unit, such as department 33 %
• Reykjavik University 34%
  The revenue goes to the Reykjavik University Innovation Fund.

Auðna TTO is a non-profit organisation that provides knowledge and technology transfer services for all universities in Iceland and major public research institutions. RU is one of the owners of Auðna. Auðna assist the scientific community in delivering inventions and practical research results to society in the form of solutions, value creation and increased competitiveness.

Auðna, in collaboration with RU, assesses disclosed inventions. Auðna, on behalf of RU, manages the patent application processes, including communication with patent experts, and works on the utilisation of the property. Auðna also assists the university's start-up companies with business development and establishing relationships, such as with investors. Auðna's employees are bound by confidentiality regarding their work for RU.