About the code of practice
The code of practice on the management of intellectual assets for knowledge valorisation aims to increase the use of research results and accelerate the uptake of innovative technologies. It provides comprehensive recommendations and addresses specific challenges faced by research and innovation stakeholders such as the efficient management of intellectual assets in joint research activities and the development of research and innovation activities in open science and open innovation contexts.
Listen to testimonials about how the Code of Conduct has made a difference one year after adoption.
The objective is to make this publication widely spread to raise awareness on the Code of practice and to foster its uptake by the broadest possible range of R&I actors.
Find out more by watching the ‘Valorisation Talk’ on the Code of Practice at the EU Knowledge Valorisation Week 2023
Why we need a Code of practice on the management of intellectual assets
The research and innovation ecosystem, its actors and challenges have changed considerably since the 2008 Commission Recommendation on the management of intellectual property in knowledge transfer activities and the Code of Practice for universities and other public research organisations (C(2008)1329).
For this reason, an update was needed in the form of the guiding principles for knowledge valorisation (see above) and a new Code of practice on the management of intellectual assets.
In line with the guiding principles, the Code of practice goes beyond formal intellectual property (IP) rights and offers guidance for the management of other types of intellectual assets.
Intellectual assets are not limited to IP rights, but include any result or products generated by research and innovation activities such as publications, data and know-how to maximise value creation opportunities.
The Code of practice was co-created with experienced stakeholders through a dedicated community of practice over a six-month period and was subject to a consultation of ERA Forum members during a workshop in September 2022.
Main elements of the Code of practice
Establishing a strategy for the efficient management of intellectual assets
- Defining and adopting strategic intellectual assets management practices
The Code provides guidance for the definition and adoption of an intellectual assets management strategy at organisation level, for instance with respect to clear decision-making procedures, incentives, value sharing, supporting tools and instruments, awareness of resources and funding schemes.
- Managing intellectual assets in a way that enables open science and open innovation
The Code offers recommendations regarding intellectual assets management when practising open science (in particular regarding publications, data, databases and software) and the handling of intellectual assets in open innovation collaborations.
- Investing in education, training and awareness raising
The Code provides advice to foster awareness raising, education and training on various topics related to intellectual assets management (e.g. identification of intellectual assets, IP regimes, entrepreneurship, leveraging IP to attract investments, negotiation skills).
Managing intellectual assets in joint research and innovation activities
- Clarifying ownership of intellectual assets as early as possible
The Code addresses ownership aspects of intellectual assets management, for instance in the context of collaboration agreements and in predominantly publicly funded projects.
- Establishing clear collaboration conditions
The Code offers guidance to establish fruitful research and innovation collaborations, for instance with respect to licensing or transfer of results, spin off creation, background results and non-disclosure agreements.
Bridging the gap from intellectual assets creation to the market
- Finding suitable means for control
The Code offers recommendations on adequate control of intellectual assets, for instance with respect to intellectual assets risk analysis, IP rights protection and different provisions in foreign markets.
- Carrying out valuation of intellectual property
The Code provides recommendations concerning the different approaches to IP valuation, the definition of valuation targets and the purpose of the valuation operation.
- Establishing monitoring, transfer and licensing practices
The Code includes recommendations on the identification of relevant stakeholders for the dissemination and exploitation of results, collaborative license mechanisms and sustainable socially responsible licensing practices.