making KTP projects a success

According to the Technology Standards Board, 24% more KTP projects were approved during 2008/09 than during the previous year. With investment via KTP arrangements proving attractive despite (or perhaps because of) the current economic climate, and with the introduction of the new shorter KTPs in August 2009, it seems likely that the near future will continue to see an increase in the number of projects.

With the range of funded projects including such diverse activities as marketing and product design, and covering all points in between, the opportunity to leverage this resource is enormous and open to nearly every business. For businesses the benefits are clear – a cost-effective, proven means of accessing key skills and expertise. For the university, however, the key to success lies in the implementation.

A common perception of KTPs is that the project will strip valuable intellectual property from the university at little return to the university. However, a well drafted KTP agreement can (and should) balance IP ownership, usage and commercialisation rights along with addressing other key issues such as liability, confidentiality, health and safety, employment rights and insurance.

Despite the long history of the KTP programme, KTP agreements are not standardised and continue to vary in quality from project to project. An inadequate agreement can create considerable risk for the university and this will only increase as the volume of projects continues to grow.

One way to mitigate this risk is to impose greater rigor into the documentation process. Consider:

  1. the development of a solid precedent agreement that is reviewed annually;
  2. staff training on the agreement;
  3. the limitation of amendments (where possible) to standard categories;
  4. the adoption of a structured form of requirements gathering so that liabilities and obligations are clear at the outset.

 

Investing time in getting the agreement right helps pave the way to a successful project.

For further information please contact Sheilah Mackie at sheilah.mackie@bllaw.co.uk or on 023 8085 7039.