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FROM IDEAS TO SOCIAL ENTERPRISE: A
GUIDE TO UTILISING UNIVERSITY
INTELLECTUAL PROPERTY FOR THE BENEFIT
OF SOCIETY
Josh Lange, University College London
EMES Conference, July 2013
Contact: [email protected]
FIRST PROBLEM: WHY DO UNIVERSITIES NEED
GUIDANCE ON UTILISING INTELLECTUAL PROPERTY
FOR THE BENEFIT OF SOCIETY?
SECOND PROBLEM:
WHO WOULD YOU PUT ON A TEAM TO WRITE A
COMPREHENSIVE GUIDE FOR CREATING
SOCIAL ENTERPRISES WITH UNIVERSITY
KNOWLEDGE, SKILLS, AND RESEARCH?
SOLUTION: BUILD A DIVERSE AND
KNOWLEDGE-BASED TEAM
Professor Muki Haklay, UCL Engineering (project owner and research supervisor)
Ana Lemmo-Charnalia, UCL, Enterprise (project manager and content writer)
Josh Lange, UCL, Language Centre (editor and content writer)
Hannah McDowall, Madeleine Gabriel, UnLtd. (content writers)
Sonia Nikolovski, University of Manchester TTO (content writer)
Gillian Green, University of Manchester (content writer)
External consultants: Legal, Accounting, and Graphic Design
THIRD PROBLEM: GETTING THE LANGUAGE
RIGHT
SOLUTION: WHAT DO WE MEAN BY „SOCIAL
ENTERPRISE‟ IN RELATION TO HIGHER EDUCATION?
Academics love definitions
Ouch! There are differences even between the
official UK and EU definitions of SE
Most formal definitions of SE will carry the basic
idea that a social enterprise is a business that uses
its surpluses to achieve social objectives.
But it‟s important to emphasize that SE „addresses
neglected societal problems‟ (Santos 2012)
Similarities/differences to a for-profit business
Defining through registered organisational form
SOLUTION: WHAT DOES „INTELLECTUAL PROPERTY‟
MEAN IN THE UNIVERSITY CONTEXT?
• Design, trademarks, patents, copyright Formal IP
• Specialised information that assists the licensee or assignee in the use of the IP. This might include technical (e.g. a secret method or recipe, unpublished research findings) or non-technical information (exclusive marketing or business information). Some know-how might be protected by confidentiality agreements or by copyright laws.
Subject matter
expertise
• Materials that might be needed by the IP licensee/assignee in order to produce the service/product. These materials may not be available elsewhere and so a separate agreement relating to the transfer of these materials from the HEI to the licensee/assignee will be needed.
Tangible items
SOLUTION: THE GUIDE MUST COMMUNICATE TO
MULTIPLE STAKEHOLDERS IN UNIVERSITY IP
“Terms borrowed from the corporate lexicon…invariably grates on the academic mind and threatens to widen the gulf between faculty and administration” (Bok, 2003, p.335).
Social Enterprises Utilising University IP:
Utilise the high level of skills, knowledge and abilities of academic and research staff
Impact positively on HEI communities, particularly in inner city areas by addressing relevant social and environmental problems
Enrich the learning and research experience by testing ideas for solutions of social and environmental problems in everyday economic environments
Align with HEI charitable goals and public relations initiatives
WHAT LANGUAGE DID WE NEED TO CHANGE TO
COMMUNICATE TO ALL STAKEHOLDERS?
„Creating sustainable solutions with IP‟
„Utilising IP for the benefit of society‟
Negotiating in-principle agreements
Formulating in-principle agreements
Negotiating the use of IP
Agreeing on the use of IP
Technology transfer office
Knowledge transfer office
FOURTH PROBLEM: PHILOSOPHICAL
POSITIONING
POSITION 1: MONEY IS THE ROOT OF ALL
UNIVERSITY INTELLECTUAL PROPERTY
“Universities share one
characteristic with compulsive
gamblers and exiled royalty: there
is never enough money to satisfy
their desires”
- Derek Bok, 2003
POSITION 2: DO UNTO OTHERS AS YOU WOULD DO
UNTO YOUR UNIVERSITY INTELLECTUAL PROPERTY
“Social enterprise plays an
important role and resonates
particularly with UCL, which it
might be argued, was originally
set up as a social enterprise”
– Stephen Caddick, 2013 (in the foreword to
the Guide)
SOLUTION: SANTOS‟S (2012) VERSION OF ADAM
SMITH‟S ECONOMIC AND MORAL PHILOSOPHY
Self-Interest Edifice Others-Regarding Edifice
Sustainable Competitive Advantage
Logic of Control (5 Forces)
IP Protection and Trade Secrets
Maximize Profits
Firms
Capture Value
Incentives
Self-Interest
Sustainable solutions
Logic of Empowerment
Share knowledge, Open Source
Maximize Societal Impact
Community / Solution
Create Value
Intrinsic Motivation
Others-Regarding
SOLUTION: NEW UK/EU POLICIES REQUIRE
UNIVERSITY IP TO BENEFIT SOCIETY
RCUK Excellence to Impact Framework (2012): „improving health and well-being‟, „enhancing the research capacity, knowledge and skills of public, private and third-sector organisations‟„environmental sustainability, protection and impact‟ and „enhancing cultural enrichment and quality of life‟
UK Public Services Act (2013): social value must be considered as part of all public sector commissioning processes
European Commission SBI (25.10.2011): research should support employability, social inclusion, and ethical trade
Higher Education Funding Council for England (2012): HEIs have vast but largely untapped capacity to build the next generation of financially profitable and environmentally sustainable social enterprises
FIFTH PROBLEM: THE GUIDE MUST SUPPORT
BOTH ACADEMIC SOCIAL ENTREPRENEURS
AND KTO STAFF TO MAKE GOOD DECISIONS
ABOUT IP
One-page university IP social business sketch checklist
Relationship matrix between knowledge transfer offices and social entrepreneurs
Process of agreeing on university IP scenario tool
In-principle agreement negotiation preparation questionnaire
University intellectual property social benefit equity formula
Social impact measurement principles and categories for university IP
Model agreements that adhere to UK contract law
Case studies from diverse faculties, university contexts, and organisational forms
SOLUTION: PRACTICAL TOOLS THAT EVEN AN
ACADEMIC ECONOMIST CAN USE
EXAMPLE:
UNLTD. PRINCIPLES FOR MEASURING IMPACT
Decide what to measure
Identify robust indicators of outputs and outcomes
Decide what types of evidence are needed
EXAMPLE: MEASURING IMPACT OF UIP
Beneficiaries
Results
Costs
Alternatives
Benefits
Externalities
EXAMPLE: MEASURING IMPACT OF UIP
Beneficiaries: What information about the beneficiaries is relevant to organisational aims? (e.g. age, sex, disability, employment status, etc.).
Results: What measureable outcomes does this social venture actually achieve? (e.g. number of patients saved by a university-developed heart-monitoring device in a specified time period).
Costs: How much does it cost to provide each service? (e.g. some organisations calculate the cost of volunteers as if they were paid minimum wage).
Alternatives: What would have happened if the social venture had never intervened? (e.g. 1 million patients in developing countries would be unable to afford a life-saving treatment).
Benefits: How can the value of this social venture be shown? (e.g. short/long term quantitative results OR a financial cost determined concerning the implications for society - i.e. alternatives - without this venture).
Positive Externalities: Are there any unplanned benefits coming out of this social venture that can be quantified? (e.g. beneficiaries or staff supplement the existing technology with a profit-making enhancement)
THANKS FOR LISTENING
DOWNLOAD YOUR FREE COPY OF „THE GUIDE‟ BY
GOING TOWWW.UNLTD.ORG.UK OR
SEARCHING THE INTERNET FOR:
FROM IDEAS TO SOCIAL ENTERPRISE: A GUIDE TO
UTILISING UNIVERSITY INTELLECTUAL PROPERTY FOR THE
BENEFIT OF SOCIETY
Contact Josh Lange: [email protected]