INTELLECTUAL PROPERTY

MANAGEMENT
POLICY

NOVEMBER
2024 Intellectual Property Management Policy

INTELLECTUAL PROPERTY MANAGEMENT

POLICY

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2024 Intellectual Property Management Policy

A. Abbreviations and Acronyms

ARIPO Africa Regional Intellectual Property Organiza-

COI Conflict of Interest

Directorate of Research, Innovation and
DRIP
Partnerships
GRs Genetic Resources

IP Intellectual Property

IPMC Intellectual Property Management Committee

Intellectual Property Management at Makerere

IPM@Mak
University

IPMO Intellectual Property Management Office

IPRs Intellectual Property Rights

Mak Makerere University

NDP National Development Plan

OERs Open Educational Resources

TK Traditional Knowledge

URSB Uganda Registration Services Bureau

WIPO World Intellectual Property Organization

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 Intellectual Property Management Policy 2024

B. Citation
This Policy may be cited as “The Makerere University Intellectual
Property Management Policy, 2024 (as amended) “.

C. Definitions
The definitions set out below shall apply in accordance with
applicable national laws.

Appointment A formal agreement for a Visitor at the University,

which is a prerequisite to participate in or conduct
Research, scholarship, creative work, or teaching
at the University.

Author Any person to whom this Policy is applicable, who

individually or jointly with others makes a design,
a mark or copyrightable work and who meets
the criteria for authorship under the IP laws of
Uganda.

Background IP Any pre-existing IP created before the execution

of any Research Project, or prior to a Creator
becoming subject to this IP Policy, by virtue of
Appointment in the case of a Visitor, employment
contract in the case of a Staff Member, or
registration in the case of a Student.

Commercialization Any form of utilisation of IP intended to generate

value, which may be in the form of a marketable
product, process or service, commercial returns, or
other benefit to society. Commercialize is similarly
defined.

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2024 Intellectual Property Management Policy

Commercialization A company that has access to the IP of the Uni-

Entity versity, through any one or more of the available
Commercialization modes, to produce new prod-
ucts, processes or services. This can be a spin-off,
spin-out or start-up.

Conflict of Interest Any situation in which real or perceived interests of

(COI) an individual Staff Member, Visitor or Student may
run counter to the interests of the University or
negatively affect their employment or duties.

Course Materials All materials used in, or in connection with, and

for the purpose of, teaching an education course
through the provision of lectures, tutorials,
seminars, workshops, field or laboratory classes,
assessments, practicum and other teaching activi-
ties conducted by the University; and all IP in such
materials.
Creator Any person to whom this Policy is applicable, who
creates, conceives, reduces to practice, authors,
or otherwise makes a substantive intellectual
contribution to the creation of IP and who meets
the definition of ‘inventor’, ‘author’ or ‘breeder’ as
generally implied in the IP laws of Uganda.
Enabler Any assistants, technicians, and other individuals
who have indirectly contributed to the creation
of IP by Creators - and as such may not be listed
themselves as an author or inventor in terms of
statutory IPRs - mainly through the execution of
standard tasks or following through on specific
instructions, but without whose practical contribu-
tion the IP would not have been created.

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 Intellectual Property Management Policy 2022

Genetic Resources “Genetic material of actual or potential value.”

(GRs) Genetic material is defined as “any material of
plant, animal, microbial or other origin containing
functional units of heredity”.
Gross IP Revenue All revenue received by the University on
Commercialization of University IP before any
deductions for IP Expenses, as defined in Article
10.
Institution The institution shall be used to refer to Makerere
University and affiliated Colleges.
Institution IP IP owned or co-owned by the University

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2022 Intellectual Property Management Policy

Intellectual Property All outputs of creative endeavour in any field at the

(IP) University for which legal rights may be obtained or
enforced pursuant to the law. IP may include:

a. literary works, including publications in

respect of Research results, and associated
materials, including drafts, data sets and
laboratory notes and notebooks;

b. teaching and learning materials;

c. other original literary, dramatic, musical or

artistic works, sound/video recordings, films,
broadcasts, and typographical arrangements,
multimedia works, photographs, drawings,
and other works created with the aid of
University resources or facilities;

d. databases, tables or compilations, computer

software, preparatory design material for a
computer program, firmware, courseware,
and related material;

e. patentable and non-patentable invention;

f. designs including layout designs

(topographies) of integrated circuits;

g. plant/crop/animal/fish/microbial/
biomolecules varieties and related
information;

h. trade secrets;

i. know-how, information and data associated

with the above; and

j. any other Institution-commissioned works

not included above.

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Intellectual Property The proprietary rights that may be granted for

Rights (IPRs) an invention, mark, design, plant variety, trade
secret, copyright or other type of IP should the
statutory requirements for protection be met
to result in a patent, trade mark, trade secret,
copyright, registered design or plant breeders’
right, respectively.

Invention Means a new and useful art whether producing

a physical effect or not, process, machine,
manufacture or composition of matter which is
not obvious, or a new and useful improvement of
it which is not obvious, capable of being used or
applied in trade or industry; and includes an alleged
invention

Inventor Any person to whom this Policy is applicable,

who individually or jointly with others makes an
Invention and who meets the criteria for inventor-
ship under the Industrial Property Act, 2014 of
Uganda
IP Disclosure Form The form [provided in Annex] to be completed by
Creators and submitted to IPMO to document
their creation.
IP Expenses All expenses incurred by the University in the
protection, management, and Commercialization
of IP for which Gross IP Revenue has been received.
IP Management The committee within the University set up in
Committee (IPMC) terms of Subsection 5.1, which is responsible
for overseeing the drafting, implementation,
monitoring, and evolution of the Policy, and for
providing strategic oversight of the IPMO.
IP Management The administrative unit established in terms
Office (IPMO) of Subsection 5.2, responsible for day-to-day
management of all IP-related activities of the
University.
Net IP Revenue Gross IP Revenue less IP Expenses.

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Plant Variety A homogenous grouping of plants that can be

protected by a form of plant breeder’s right such as
that defined in the International Convention for the
Protection of New Varieties of Plants.
Policy This Makerere University Intellectual Property
Management Policy
Public Disclosure The communication of information, relating to an
invention, to external parties. Public Disclosure
includes, but is not limited to, disclosure in written
or oral form; communication by email; posting
on a web blog; disclosure in a news report, press
release or interview; publication in a journal,
abstract, poster, or report; presentation at a
conference; examination of a thesis; demonstration
of an Invention at a trade show; or the industrial
application of an Invention.
Public Domain This refers to Intellectual Property for which no
exclusive IPRs apply or subsist.
Research Any creative work undertaken on a systematic
basis in order to increase the stock of knowledge,
including knowledge of man, culture, and society,
and the use of this stock of knowledge to devise
new applications. It comprises three activities:
basic research, applied research, and experimental
development.
Research Contract Any type of agreement between the University and
an external party or research sponsor, concerning
Research, which could result in IP being created at
the Institution. This shall include, but is not limited
to, all sponsorships, donation, and collaborations
with the external party or research sponsor.

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Research Project Any project that forms the basis of Research

undertaken by the University and includes projects
undertaken by a Student, under the supervision of
a Staff Member or a Visitor, as part of a research
degree program or with an aim of creating new
knowledge.
Scholarly Works All copyright eligible works which are the outputs
of academic Staff Members, Students, or Visitors,
including Research; creative and other outputs
in area(s) of his/her expertise. It does not include
Course Materials.
Staff Member Any person who is under a contract of employment
with the Makerere University including academ-
ic, research, technical, administrative and adjunct
staff, whether full-time or part-time or on a tempo-
rary basis.
Student Any student registered for an accredited program
at the University.
Trade Secret Confidential information not publicly available that
has commercial value because of its confidential
nature, and which the owner has taken reasonable
efforts to keep secret.
Traditional A living body of knowledge resulting from
Knowledge (TK) intellectual activity in a traditional context,
which includes expertise, practices, skills, and
innovations. TK embodies the traditional lifestyles
of indigenous peoples and local communities and is
transmitted from generation to generation, often
forming part of the cultural and spiritual identity
of the community. TK is not limited to any specific
technical field, and may include agricultural,
environmental and medicinal knowledge. TK also
often encompasses knowledge associated with
Genetic Resources.

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Visitor Any person who is neither a Staff Member nor a

Student of the University who engages in work at
the University, including visiting professors, adjunct
and conjoint professors, teachers, researchers,
scholars and volunteers; and who concludes an
Appointment agreement with the University.

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Table of Contents
A. Abbreviations and Acronyms......................................i
B. Citation.........................................................................ii
C. Definitions...................................................................iii
1.0 Preamble......................................................................1
2.0 Policy Statement.........................................................1
3.0 Objectives of the IPM Policy.......................................2
4.0 Scope and Binding effect of the Policy.....................3
4.1 Scope of the Policy.......................................................3

4.2 Binding effect of the Policy...........................................3

5.0 Governance and Operation........................................4

5.1 IPM Committee.............................................................4

5.2 The IP Management Office...........................................4

6.0 Ownership of IP and Rights of Use...........................6

6.1 IP Created by Staff Members........................................6

6.2 IP Created by Students.................................................7

6.3 IP Created by Visitors....................................................8

6.4 Special Rules for Course Materials...............................9

6.5 Special Rules for Scholarly Works................................9

6.6 Moral Rights................................................................10

6.7 Public Domain.............................................................10

7.0 Publication, Non-Disclosure and Trade Secrets.....11
8.0 Research Contracts..................................................12
9.0 Amendment and Revision........................................13

ANNEX 1: GUIDELINES AND PROCEDURES.........................14

FOR IMPLEMENTATION OF THE INTELLECTUAL PROPERTY

MANAGEMENT POLICY.........................................................14

10.0 The IP clauses in all Research Contracts shall be

governed by the following basic principles................14
10.4. Co-owned IP...............................................................15
11.0 Determinations by the IPMO.......................................16
11.1. Responsibility to Disclose IP.......................................16
11.2. Creatorship and Ownership........................................17
11.3. Determination as to IP Protection and
Commercialization......................................................18
11.4. Institution elects not to protect /commercialize the IP
..................................................................................19
12.0 Commercialization of IP............................................20
13.0 Incentives and Distribution of Revenues................22
14.0 IP Portfolio Maintenance..........................................24
15.0 Traditional Knowledge and Genetic Resources....24
16.0 Conflicts of Interest..................................................25
17.0 Dispute.......................................................................26
ANNEX 2: INTELLECTUAL PROPERTY DISCUSSION FORM ...
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 Intellectual Property Management Policy 2024

1.0 PREAMBLE
Makerere University (hereinafter referred to as ‘‘Mak”) has since
its inception been heralded as the beacon of research and
innovation in Eastern and Central Africa. For all the research
and innovation that has emanated from Makerere University,
the Intellectual Property attributed to the University is still too
low. The pursuit for Innovativeness and excellence in teaching,
learning and research is core to Makerere University’s Mission
and Vision. From the outset, the implementation of this
mission has been conditioned by the commitment to ensure
that activities are Makerere University’s and, indeed Uganda’s
economic, social, and cultural development. Mak’s focus
on research and innovation is consistent with the national
objectives set out in the Government’s Vision 2040, the
National Development Plan (NDP) 2020/2021-2024/2025, and
the National Intellectual Property Rights Policy. The focus of
Makerere University Intellectual Property Policy (“this Policy”)
is on developing a positive culture of discovery and enterprise
aimed at generating tangible benefits for the University, its
researchers and the community at large, and contributing to
the national knowledge economy.

2.0 Policy Statement

This policy aims to stimulate and support innovative thinking
among students and staff, and to enable ownership and efficient
management of intellectual assets and innovations produced
at Makerere University and its affiliated institutions. In addition,
implementation of the Intellectual Property Management Policy
(IPM) is envisaged to increase income arising from research
activities, as well as increase the contribution of Makerere to
the wellbeing of society.

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3.0 Objectives of the IPM Policy

The overall objective of this Policy is to establish guidelines
for the ownership, protection, processes, and the professional
management of intellectual property arising from the University’s
research activities.

Specific objectives

(a) To support and promote innovative ideas that can be

transformed into useful products for the public good

(b) To facilitate efficient and effective dissemination and

use of the University’s Intellectual Assets through
various modalities of access.

(c) To support the management of intellectual property of

the University

(d) To support and promote knowledge transfer

mechanisms to students and the wider public

(e) To promote economic activity arising from the products

of research and innovation

(f) To establish a conducive climate to encourage University

personnel to generate, identify and commercialise their
Intellectual Property

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4.0 Scope and Binding effect of the Policy

4.1 Scope of the Policy

4.1.1 This Policy applies to all IP generated at the University,
in particular by Staff Members, Students, and Visitors/
Collaborators.

4.1.2. All background IP must be declared if it is to be excluded

from the application of this Policy.

4.1.3. This Policy applies to all Staff Members, Students, and

Visitors who participate in a Research Project or produce
Inventive, Creative, Scholarly, or Artistic Works.

4.1.4. Rights and obligations under this Policy shall survive any
termination of employment, enrolment, or Appointment
at the University.

4.2 Binding effect of the Policy

4.2.1. All members of Staff of the University shall be bound by
this Policy.

4.2.2. All Students of the University shall be bound by this

Policy.

4.2.3. It shall be a requirement that Students participating

in a Research Project sign an agreement before
commencing the project, to the effect that they have
read and will comply with the provisions of this Policy,
in respect of Subsection 6.2.5.

4.2.4. Each student and her/his supervisor shall be required to

complete and sign the IP Discussion Form prior to the
student beginning his or her thesis research.

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5.0 Governance and Operation

5.1 IPM Committee

5.1.1. The University shall establish an Intellectual Property
Management Committee (IPMC) to oversee the
implementation and evolution of this Policy and provide
strategic guidance to the IPMO.

5.1.2. The IP Committee shall consist of One (1) Member of

each College of the University, chaired by a person
appointed by the Vice Chancellor on a two (2) year term,
renewable once.

5.1.3. The IPM Committee shall be the ultimate decision

making body in the determination of an IP management
and Commercialization strategy for a particular IP.

5.1.4. The IP Management Committee shall establish regular

meetings and also be available for ad hoc meetings.

5.1.5. The Directorate of Research, Innovation & Partnerships

(DRIP) shall be secretary to the IPM Committee

5.2 The IP Management Office

5.2.1. The University shall establish an IP Management Office
(IPMO) or designate a function within the Directorate of
Research, Innovation & Partnerships (DRIP) or another
organisation to act as such, to assist the University
in managing and commercializing its IP in a form that
will effectively promote its identification, capture,
registration, development, and use for economic and
social benefit.

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5.2.2. The responsibilities of the IPMO shall include, but are

not limited to:

(a) Promotion of the Mak IP Policy;

(b) Outreach/awareness to Creators;

(c) Advising the relevant stakeholders on securing IP

Rights and protection, and sorting commercially
viable from commercially unviable IPRs;

(d) Negotiating and drafting licences and IPR transfer

agreements;

(e) Relationship management and establishment of

linkages between Creators and industry;

(f) IP application, registration and renewals;

(g) Technology marketing and IP contract negotiations;

(h) Support Creators in the mobilization of resources

for development of their IP;

(i) IP contract management; and

(j) IP costs and revenue distribution.

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6.0 Ownership of IP and Rights of Use

6.1 IP Created by Staff Members

6.1.1. The University is the primary owner of all IP created
by a Staff Member in the course and scope of his/her
employment with the University

6.1.2. Staff Members will own/co-own the IP they have created

when such IP:

(a) is outside the course and scope of their

employment and has been developed without use
of the University’s resources;

(b) vests in Scholarly Works in respect of Subsection

6.5.

6.1.3. In the absence of provisions to the contrary in any

national law, the terms of the Research Contract will
regulate ownership of IP created by Staff Members in
the course of a Research Project that forms part of a
Research Contract, as set out in Subsection 8.0.

6.1.4. University staff shall not disclose university IP in the

course of performing outside work for reward unless
prior permission has been obtained from the IPMO.

6.1.5. It is the responsibility of each Staff Member that holds

an honorary or other academic or research appointment
at another institution (Host Institution) to bring to the
attention of the Host Institution, including its IPMO,
his/her obligations in terms of this Policy, prior to the
tenure at the Host Institution. To the extent that the
Host Institution’s IP Policy makes a claim on IP created
by the Staff Member pursuant to such appointment,

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the Staff Member shall ensure that the Host Institution

negotiates a suitable IP arrangement with the University.

6.2 IP Created by Students

6.2.1. IP created by a Student in the course of study at the
University (including theses, dissertations and other
Scholarly Works) will be owned by the Student.

6.2.2. The Student shall grant a royalty-free licence to the

University to reproduce his/her thesis or dissertation
and to distribute copies thereof to the public.

6.2.3. IP emanating from a Student’s Research Project shall be

owned by the University in the following circumstances:

(a) If the IP is created by making Substantial Use of the

University’s resources (excluding supervision) and
there is no re-imbursement agreement concluded
between the University and the Student; or

(b) If the Research carried out by the Student forms

part of the University’s funded or commissioned
Research Projects.

(c) In the case of sponsored students, where

the sponsoring body has not made any prior
declaration to the University in respect of the claim
to the intellectual property

6.2.4. The terms of the Research Contract shall regulate the

ownership of IP created by a Student in the course of
such Research Contract, as set out in Subsection 8.0.

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6.2.5. Where the University is the owner of IP created by a

Student, in terms of Subsection 6.2.3 or Subsection
6.2.4 and hence created in terms of a Research Project
or Research Contract, respectively, the University will:

(a) Provide the Student with information regarding the

assignment of IP rights to the University;

(b) Obtain a deed of assignment from the Student for

all IPRs emanating from the Student’s Research
Contract or Research Project, where relevant, in
return for revenue sharing as provided for in Article
11; and

(c) Withdraw the Student from the Research Project

or Research Contract if a Student elects not to
assign the relevant IPRs to the University.

6.2.7. IPMO may, upon agreement, provide Commercialization

services to Students for their IP. In this event, Students
may be required to assign their IP to the University and
will be afforded the same rights and obligations as Staff
Members under this Policy.

6.3 IP Created by Visitors

6.3.1. Unless otherwise agreed to in writing by the University
and the Visitor’s home institution prior to the tenure
at the University, Visitors are required to assign to the
University any IP:

(a) created in the course and scope of their

Appointment at the University; or

(b) created by making Substantial Use of the

University’s resources.

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6.3.2. Prior to departure from the University, a Visitor must sign

and submit to IPMO an IP Disclosure form disclosing
any IP created, as per Subsection 6.3.1, whilst at the
University.

6.4 Special Rules for Course Materials

6.4.1. The University will own the IP in Course Materials
created by a Staff Member or a Visitor, with the
exclusion of Course Material that is created from or for
Open Educational Resources, in respect of 6.7.1

6.4.2. The University grants the Creators of Course Materials

a royalty-free, non-exclusive licence to use the Course
Materials created by them for teaching and Research
purposes at the University.

6.5 Special Rules for Scholarly Works

6.5.1. The University recognises and endorses the rights of
Staff Members, Students, and Visitors to publish their
Scholarly Works, provided that any Scholarly Work
which may disclose any possible University IP shall
first be cleared by IPMO after having an opportunity to
protect such Institutional IP in respect of Subsection 11
(Annex 1).

6.5.2 Staff Members, Students, and Visitors should endeavour

to obtain publishers’ permission to include published
Scholarly Works in the Institutional repository.

6.5.3. Staff Members, Students, and Visitors shall grant to the

University a non-exclusive, royalty free license to use
their Scholarly Works for the University’s administrative,
promotional, Research and teaching purposes.

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6.6 Moral Rights

6.6.1 The University undertakes to respect and protect the
moral rights which copyright law confers on Authors of
copyright works.

6.6.2 The University acknowledges that moral rights vest in

Authors of copyright works irrespective of the copyright
ownership thereof and include:

(a) the right of attribution of authorship in respect of

the copyright works;

(b) the right not to have authorship of the copyright

works falsely attributed; and

(c) the right of integrity of authorship in respect of the

copyright works.

6.6.3. The University will not require Staff Members, Students,

or Visitors to waive their moral rights as a condition of
employment, enrolment, Appointment, or funding.

6.7 Public Domain

6.7.1. University IP forms part of the Public Domain in the
following circumstances:

(a) if a Research Contract provides that the Research

results be placed into the Public Domain; or

(b) if Staff Members or Visitors made use of Open

Educational Resources (OERs) or resources
licensed through Open Source or Creative
Commons Licences and the licensing conditions
require release of derivatives into the Public
Domain.

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6.7.2. The University may release IP into the Public Domain in

the following circumstances:

(a) where it is deemed to be in the public interest;

(b) if the IP has low commercial or other development

potential and low prospects of fostering the
development of new products or services; or

(c) if deemed necessary by the University.

7.0 Publication, Non-Disclosure and Trade

Secrets
7.1. The University encourages and supports the right
of Creators to decide if, and when to publish their
Research results, in respect of 6.5.

7.2. Non-disclosure for IP protection. In conjunction with

the right of publication, Creators should be aware
that premature Public Disclosure may result in loss
of IP protection rights. Therefore, they are strongly
encouraged to make all reasonable efforts to identify
any protectable IP as early as possible, in respect of
Subsection 11, and shall consult IPMO before making
any Public Disclosure of potential University IP or
exercising their academic freedom rights.

7.3. The University may designate certain confidential

information as a Trade Secret, owned by the University.
In that event, all Creators will be obligated to maintain
secrecy of the Trade Secret and to follow the direction
for management of the Trade Secret by IPMO.

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8.0 Research Contracts

8.1. Staff Members, Students, and Visitors shall not have
the right to enter into a Research Contract with external
parties on behalf of the University unless they are
authorized to do so by a designated officer of the
University as per the Research Policy.

8.2. All Research Contracts must be executed and

performed in compliance with the University’s IP Policy.

8.3. Persons acting for and on behalf of the University shall

exercise all due diligence and consult IPMO when
negotiating and signing contracts that may affect the
University’s IPRs.

8.4. Subject to any provisions in law to the contrary,

ownership and rights to use shall be agreed upon with
the external entity, in accordance with the applicable
National Laws.

8.5. Research Contracts shall comply with any applicable

law and/or Government regulations and/or rules,
which may be applicable to Research undertaken by
the University, in particular, as far as it relates to the
ownership of IP resulting from such Research

8.6. Proposed research contract and other legal statements

concerning the University’s IPRs shall comply with the
provisions of this Policy.

8.7. Any variance from this Policy must be approved by the

Vice-Chancellor on recommendation of the IPMC.

8.8. In certain cases, it may be necessary and/or beneficial

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to the University to enter into a Research Contract that

contains exceptions to the provisions of this Policy. Any
such exceptions require prior, written approval from the
Vice-Chancellor on recommendation of the IPMC.

9.0 Amendment and Revision

9.1. This Policy shall be amended at any time by a decision of
the IPM Committee, with the approval of the University
Senate and Council. In this case:

(a) All IP disclosed on or after the effective date of

such amendment shall be governed by the Policy
as amended; and

(b) All IP disclosed prior to the effective date of the

amendment shall be governed by the Policy prior
to such amendment, provided that the provisions
of the Policy (as amended) shall apply to all IP
licensed or otherwise Commercialized on or
after the effective date of any such amendment
regardless of when the IP is disclosed.

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ANNEX 1:
GUIDELINES AND PROCEDURES FOR
IMPLEMENTATION OF THE INTELLECTUAL
PROPERTY MANAGEMENT POLICY

10.0 The IP clauses in all Research Contracts

shall be governed by the following basic
principles
10.1. A Research Contract must be executed in writing and
signed by the University and the external party (ies)/
sponsor(s) prior to the commencement of any Research
Project and, as appropriate and without limitation, must
contain terms relating to ownership, management, and
use of IP arising from the Research Project as well as
any Background IP.

10.2. All University Background IP must be properly recorded

and declared prior to the commencement of a Research
Contract and belongs to the University. Similarly,
Background IP of the external party/sponsor, belongs
to such party or sponsor. Use of such Background IP
requires express written permission.

10.3. IP generated pursuant to a Research Contract by Staff

Members, Students or Visitors shall be governed in
terms of the above provisions relating to IP generated
by these parties. The general rule is that such IP shall
be owned by the University.

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10.4. Co-owned IP
(a) Co-ownership of IP generated pursuant to a
Research Contract shall be in accordance with
national legislative provisions. The ratio of co-
ownership may be defined by the Research
Contracts, failing which, the ratio will be determined
as follows:

University 70.0%
External Party 30.0%
(b) The costs for protecting and maintaining any
IPRs shall be shared between the University and
the external party(ies)/sponsor(s) in accordance
with the percentage of IP ownership; in an equal
manner and/or as mutually agreed contractually.

10.5. Any IP created during the course of the Research

Contract which falls outside of scope of the Research
Contract shall be owned by the Researcher or the
external party(ies)/sponsor(s) which developed such IP,
unless agreed contractually otherwise in the Research
Contract.

10.6. The Research Contract may include provisions giving

the external party (ies)/sponsors, a right of first refusal
to commercialize the IP emanating from the Research
Contract, through a license or joint venture arrangement
or assignment.

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10.7. It is the strict policy of the University to allow Creators

freedom to publish their work. However, the University
acknowledges that delays in publication for the purpose
of initiating statutory protection of the IP is often
necessary. In this regard, the University will agree, on a
case-by-case basis, to a contractual delay in publication
by Creators. Such delay will not exceed 90 days from
the date IPMO is notified of the intent to publish, unless
authorized by the IPMO and/or Directorate of Research
and Graduate Training.

10.8. Use of IP for teaching purposes without authorization of

the IP owner constitutes an allowable exception under
the IP law. It is therefore a policy of the University that IP
shall be used as such without the need for licenses. In
instances, where the University IP is licensed exclusively
or assigned as part of the Research Contract, all efforts
should be made to secure a royalty-free license for use
of the IP for on-going Research and teaching purposes.

11.0 Determinations by the IPMO

11.1. Responsibility to Disclose IP

11.1.1. Creators shall keep appropriate records of their
Research in accordance with the University’s applicable
policy procedures and make reasonable efforts to
ensure that only those individuals within the University
who have a need to have access to such records for the
performance of their duties are granted such access.

11.1.2. Where a Creator identifies potential IP resulting from

his/her Research [or that of his/her team], he/she shall
disclose such potential IP to IPMO promptly by means
of an IP Disclosure Form (Annex 2).

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11.1.3. Creators must provide to IPMO such full, complete, and

accurate information as IPMO may reasonably require
to enable it to sufficiently assess the technical and
related features and functions, ownership, commercial
potential and IP protection that might be applicable to
such IP. Upon complete disclosure, the IP Disclosure
will be registered and assigned a reference number and
IPMO will share this reference number with the Creators
to signify that the IP Disclosure has been formally
received by the University.

11.1.4. Disclosure Clause for IP related to GRs and/or TK

When potential IP has been developed using Genetic
Resources and/or Traditional Knowledge, the IPMO shall
require its Creators to disclose relevant information, in
accordance with national legislation.

11.2. Creatorship and Ownership

11.2.1 Creators shall, upon request, sign the appropriate
legal documents provided by the IPMO that attest to
creatorship. Where there is more than one Creator, and
there is a dispute as to the contribution to creatorship,
IPMO shall in consultation with the Creators, assist in
the determination of the percentage of IP creatorship;
failing which it shall be assumed that there was an equal
contribution.

11.2.2. Once creatorship has been determined, the Creators

shall be required to formally assign any right, title or
interest they may have in that IP to the University in
the form of a contract that specifies the rights that will

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accrue to the Creator(s) and the University and the

obligations they will have to assist the University with
the Commercialization of that IP. Subsection 10.3 will
apply.

11.3. Determination as to IP Protection and

Commercialization
11.3.1. IPMO will analyse the information disclosed in the IP
Disclosure Form within 8 weeks of formal receipt. The
analysis will include: whether or not the subject matter is
protectable as IP; an assessment of economic viability
or marketability; and determination of any rights of
external parties, such as a funder or collaborator. After
evaluation, IPMO will prepare a preliminary report with
findings that enable the University to decide if it will
proceed with IP protection and Commercialization.
IPMO shall share the preliminary report with the
Creator(s), and seek their input.

11.3.2. The University will decide, as soon as reasonably

practicable, whether or not it wishes to protect and/or
commercialize the IP. IPMO will use all reasonable efforts
to notify the Creator(s) of the University’s decision within
90 (ninety) days of formal receipt of the IP Disclosure
Form. IPMO will also make a determination in relation
to the validity of any claim made by a Staff Member, a
Visitor, or a Student that they are the true Creator(s) of
that IP and in relation to their rights under this Policy.

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11.4. Institution elects not to protect /commercialize

the IP
11.4.1. The University reserves the right not to protect or
Commercialize IP that it owns if after consultation with
the Creators:

(a) There is no reasonable prospect of commercial

success;

(b) it is not deemed to be in the best interest of the

University; or

(c) it is not deemed to be in the public interest.

11.4.2 In the event the University decides not to pursue IP

protection and/or Commercialization, it will take steps
to return said IPRs to the Creator(s), contingent on any
other superseding contract rights of external party (ies)/
sponsor(s).

11.4.3. If the University is unable to or decides not to protect

or commercialize the University IP, it should notify the
relevant Creator(s) of its decision in writing and in a timely
manner.

11.4.4. The Creator(s) should receive the written notification in

a timely manner that enables the relevant Creator(s) to
take any formal steps to ensure the protection of IP,
should they so desire.

11.4.5. If the Creator elects to take assignment of the IP, the

University shall ensure that a deed of assignment is
executed without delay.

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11.4.6. If the University assigns IPRs to the Creator in terms of

this Subsection 9.4.5, the assignment may be subject
to one or more of the following terms and conditions:

(a) that upon Commercialization, the University be

compensated for any expenditure it may have
incurred in connection with the protection and/or
Commercialization of such IP; and/or

(b) that the University be granted a non-exclusive,

royalty-free licence to use the IP for Research and
teaching purposes.

12.0 Commercialization of IP
12.1. Within three (3) months of the decision to protect or
commercialise the IP under Subsection 11.3.2, the
University will determine, with input from the Creators,
the most appropriate Commercialization strategy.

12.2. Creators of IP which has been selected for IP protection

and Commercialization by the University shall provide
IPMO with all reasonable support in the assessment,
protection (including preventing premature disclosure
and execution of any documents including deeds of
assignment and deeds attesting to creatorship), and
Commercialization of the IP.

12.3 The University shall have the sole discretion regarding the
Commercialization of IP owned by it. Notwithstanding,
the University shall ensure that reasonable efforts
are made to keep the Creators informed and, where
appropriate, involved in the Commercialization of the

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IP to which they contributed. The Commercialization of

University IP shall be planned, executed, and monitored
by the University through the IPMO.

12.4. Modes of IP Commercialization may include:

(a) License, either exclusive or non-exclusive, and

variations thereof

(b) Assignment (sale)

(c) Formation of a Commercialization Entity to which

the IP is licensed or assigned in terms of this Policy;

(d) Non-profit use or donation;

(e) Joint ventures;

(f) Royalty free access on humanitarian or other

grounds; or

(g) Various combinations of the above.

12.5. Regardless of the mode of IP Commercialization, the

transaction will be executed in a contract which:

(a) Protects the interests of the University, its Staff

Members, Students and Visitors;

(b) Retains rights for the University to use the IP for

educational and research purposes;

(c) Assures that the IP will be utilized in a manner

which will serve the public good;

(d) Assures that the IP will be developed and brought

to the marketplace as useful goods and services;
and

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(e) Prohibits the “shelving” or “mothballing”

of the IP or its use in any illegal or unethical manner.

12.6. The University will endeavour to Commercialize IP in

a manner that enhances local, regional, and national
economic development.

12.7. The University will endeavour to Commercialize IP in a

manner that encourages and fosters entrepreneurship
by Staff Members and others and which supports
Commercialization entities.

13.0 Incentives and Distribution of Revenues

13.1. The University shall ensure equitable sharing of
benefits arising from commercialized IP so as to ensure
reward for creativity and provide incentives, monetary
and non-monetary, to encourage further research and
innovation.

13.2. Sharing of revenue shall be determined on Net IP

revenue after taxation and other statutory subtractions.
The University shall keep 60% of the revenue coming
out of the commercialization with 40% to the researcher/
research team. This share shall be applicable but not
limited to lump-sum payments and, where negotiated
as per the IP commercialization plan, to royalty
payments, license fees, dividends and incomes arising
out of the IP.

13.3. “Gross IP Revenue” is defined in Article C as “all revenue

received by the University for Commercialization of
Institutional IP before any cost recovery or deductions
for IP Expenses” and includes, but is not limited to,
outright sale of IP, option payments received, licence

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 Intellectual Property Management Policy 2024

fees received, evaluation fees received, upfront and

milestone payments received, royalty payments
received, share of profits received, dividends received,
commissions, income through disposal of equity, and
direct sale of products or services.

13.4. IPMO or a designated office in DRGT shall maintain

accurate and transparent documentation of IP
Expenses incurred for a particular IP and shall be
entitled to cover all IP Expenses it has incurred. The
“Net IP Revenue” is calculated as the Gross IP Revenue
less IP Expenses

(a) The University’s share of Net IP Revenue is

distributed internally as follows:

50% for further Research [the Inventor];

25% to IPMO;
15% for further IP prosecution and maintenance
costs; and
10% to institutional overheads.

(b) As a means to incentivise the generation of

innovations, IP protection shall be factored into
the promotion criteria of staff as per the Makerere
University Human Resource Manual.

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14.0 IP Portfolio Maintenance

14.1. IPMO [or an external entity designated by the University]
shall maintain records of the University’s IP in an
appropriate form and in sufficient detail. It shall monitor
the deadlines for the payment obligations related to
the maintenance or annuity fees of protected IP, and
shall, within a reasonable time, inform the person or
department designated to make such payments.

14.2. IPMO shall maintain income/expense accounting

records on each IP so that revenue sharing allocations
can be calculated.

15.0 Traditional Knowledge and Genetic

Resources
15.1. When Research is conducted at the
University using TK and/or GRs, provisions
of national legislation must be observed,
which provisions may include prior informed consent,
and access and benefit-sharing, and the need to obtain
any relevant permits.

15.2. The University shall formulate procedures and

mechanisms for access to GRs and/or TK in order to
comply with national legislation.

15.3. The University shall make provision in all Research

Contracts concluded for the protection of any IP, which
may arise from the use of TK and/or GRs.

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16.0 Conflicts of Interest

16.1. Staff Members’ and Visitors’ primary commitment of
time and intellectual contributions should be to the
education, research, and academic programs of the
University.

16.2. Staff Members and Visitors have a primary professional

obligation to act in the best interests of the University;
they should avoid situations where external interests
could significantly and negatively affect their work
ethic and research integrity.

16.3. It is the responsibility of all Staff Members and Visitors

to ensure that their agreements with external parties
do not conflict with their duties and responsibilities
in terms of this Policy. This provision shall apply in
particular to private consultancy and other research
service agreements concluded with external parties.
Each individual should make his/her duties and
responsibilities clear to those with whom such
agreements may be made and should ensure that they
are provided with a copy of this Policy.

16.4. Staff Members and Visitors shall promptly report

all potential and existing Conflict of Interest (COI) to
the appropriate University authority, in compliance
with applicable COI policies. The authority will be
responsible for resolving the conflict or reaching a
solution satisfactory to all parties concerned

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16.5. The University will develop a separate and

comprehensive policy on COI, in order to increase the
awareness of Staff Members and Visitors about COI;
outline requirements for disclosure of COI and establish
procedures to identify them, avoid or properly manage
such conflicts.

17.0 Dispute
17.1. Breach of the provisions of this Policy shall be dealt
with under the normal procedures of the University and
in accordance with the relevant provisions of laws and
regulations in force.

17.2. Dispute Resolution

(a) Any internal disputes or questions of interpretation

arising under this Policy must in the first instance be
referred to IPMO for consideration and mediation
by the IP Committee.

(b) If the matter cannot be resolved by the IPM

Committee within 60 days, then the dispute or
question of interpretation must be referred to
the Deputy Vice Chancellor (DVC) responsible
for Research and Innovations Development for
mediation.

(c) The DVC Research and Innovations Development

may at his/her sole discretion refer the matter
to University’s Executive Committee and/or
an independent committee for arbitration as
final arbiter of any disputed issues or for final
determination.

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17.3. Individuals covered by this Policy shall have the right to

appeal the application of any aspect of this Policy to
the IP Committee.

End

CHAIRPERSON OF COUNCIL

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ANNEX 2:
INTELLECTUAL PROPERTY DISCUSSION FORM

DIRECTORATE OF RESEARCH, INNOVATION &

PARTNERSHIPS
Intellectual Property Discussion Form
This form is intended to promote early discussion of intellectual property matters during the graduate student’s
program. Each graduate student and her/his supervisor are encouraged to complete and sign this form prior to
the student beginning his or her thesis research. Students in non-thesis graduate programs should complete
the form with the appropriate administrator (e.g. Program Chair, Head of Department, or Dean), if relevant. If
a student’s research is supported by external/sponsored agreement(s), or if the research may lead to major
inventions or commercialization, the student and supervisor(s) should consider signing a formal agreement, in
consultation with the Department, School, Directorate of Research and Graduate Training, or Directorate of
Legal Affairs.

SECTION A: TO BE COMPLETED BY THE STUDENT (Please

type or print)

Name

Registration

Program Department
School

College
Supervisor(s):

1.
2.
3.
Please read the University’s Intellectual Property Management Policy, any applicable
University policies related to intellectual property, and discuss with your supervisor(s)/graduate
coordinator before answering these questions.

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A1 Have you read the Makerere • Yes

University Intellectual Property • No
Management Policy?
A2 Have you discussed intellectual • Yes
property issues that may arise in • No
the course of your studies (e.g.,
authorship in publications) with
your supervisor(s)/graduate
coordinator?
A3 If you are supported by a • Yes
scholarship, fellowship, • No
external funding agreement, • Not
or your supervisor’s research Applicable
grants, have you discussed
with your supervisor/graduate
coordinator any potential
impact these
may have on intellectual
property?
A4 If you are also a research • Yes
associate/technician or other • No
type of employee of Makerere
University, have you discussed • Not Applicable
with your supervisor any
potential impact on intellectual
property?

If the answer to any of these questions is “No”, please

explain:

Student’s Signature Date

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SECTION B: TO BE COMPLETED BY THE STUDENT’S

SUPERVISOR/GRADUATE COORDINATOR
B1 Have you reviewed this form after • Yes
it was completed by this graduate • No
student?
B2 Have you reached an agreement • Yes
with this graduate student on any • No
anticipated intellectual property
issues? [It is recommended that any • Not
written agreement be kept on file]. Applicable

If the answer to any of these questions is “No”, please

explain:

Supervisor/Graduate Coordinator

Signature Date

Return the complete form to the appropriate program,

department, or faculty administrator. A copy should also be
forwarded to the Directorate of Research and Graduate Training
for inclusion in the student’s file.

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SECTION C: FOR DEPARTMENTAL USE ONLY

On behalf of the Department/School/College, I have reviewed
this form.

Head of Department /Supervisor’s

Signature Date

Date of Approval:

Chairperson of Council:

Secretary to Council:

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 Directorate of Research, Innovation and Partnerships
Senate Building , Level 4, Room 410, Makerere University Campus
P. O BOX 7062 Kampala, Uganda Tel: +256-414-691937
Email: info.research@mak.ac.ug website: http://drip.mak.ac.ug