Intellectual Property and Health Research

	Background
	Intellectual Property Management in Teaching Hospitals
	FRQS Mandate and Specific Actions

Background

The purpose of health research is to expand our body of knowledge and increase the world's scientific and cultural heritage.

The creative process of knowledge generation obviously begins with the research scientist, who should also therefore be given the opportunity to play a key role in the identification, protection and marketing of that same knowledge.

Public sector research involves many scientists – members of either research centres, groups or networks, as well as private- and public-sector partners. Not surprisingly, these individuals and institutions have varying interests.

Intellectual property is a precious asset that must be protected. Best practices in intellectual property management, which includes the identification, protection and marketing of knowledge, demand the highest standards of intellectual probity. This means that relationships between members of the research community, its institutions and partners must be characterized by scientific integrity, honesty and fairness. And, ethical principles must inspire the conduct of research, the presentation of research findings and, of course, the use of public and private funds.

Intellectual Property Management
in Teaching Hospitals

The 1991 Act respecting health services and social services tasked university-affiliated healthcare institutions (teaching hospitals, university institutes and affiliated university centres) with four missions: service, teaching, technology evaluation and research. Fulfilling the research mission means contracting university partnerships approved by the institution, the university and Québec’s department of health and social services (Ministère de la Santé et des Services sociaux/MSSS). In most cases, the research mission is carried out by a FRQS-funded research centre subject to periodic review by the FRQS.

These university-affiliated health care institutions are entrusted with the use of public funds and thus have an important role to play. Their boards of directors are accountable to the public for fulfillment of the four missions, for proper use of public monies, as well as for intellectual property management which includes the identification, protection and marketing of knowledge. They are responsible for ensuring that any financial benefits resulting from inventions, patents and copyrights are shared fairly. The same applies for researchers, the university researchers hosted by the institution and the private-sector researchers associated with the institution or benefitting from its human and physical resources.

FRQS Mandate and Specific Actions

The FRQS was quick to embrace the issue of intellectual property management. As soon as the Québec government released its policy on science and innovation (Politique québécoise de la science et de l'innovation, MRST, February 2001), the FRQS’s Board of Directors adopted a policy on knowledge transfer within university affiliated health institutions (hospitals). That policy guided several activities aimed at harmonizing and streamlining intellectual property management in the 19 healthcare institutions that host a FRQS-accredited research centre. Strict observance of the FRQS policy is a criteria for obtaining FRQS funding.

In July 2002, the Québec department responsible for research, science and technology (Ministère de la Recherche, de la Science et de la Technologie) adopted an action plan focussed on the management of intellectual property in universities and in those health and social services institutions that host researchers.

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