A new IP management policy for New Zealand research
The government is introducing a national Intellectual Property (IP) management policy that gives more rights to researchers to commercialise their own inventions.
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The policy sets out how Public Research Organisations, universities, and other organisations should manage IP that is generated as a result of government funding received through the science, innovation and technology portfolio.
The policy specifies a set of rules that will apply to most IP supported by funding from within the science, innovation and technology portfolio from 1 July 2026.
Intellectual Property (IP) management policy
What is intellectual property?
Intellectual property (IP) refers to creations of the mind such as inventions, literary works, etc. Patents, copyrights, and other forms of IP protection give people legal rights over their ideas so others can’t copy or use them without permission.
IP rights help people get recognition and financial benefit from their work. They also encourage innovation by making sure people feel safe to share their ideas.
Commercialisation of IP can occur in different ways - for example, through licensing or sale of the IP rights to an existing business, or by creating a new business to develop the idea into a commercial product.
Why is an IP management policy needed?
While New Zealand universities and research institutes have produced great research, this has not always been effectively commercialised as the focus hasn’t always been on exploiting these opportunities. This means New Zealand is missing out on innovative new products and services that could grow our economy.
We are seeing some research organisations moving towards a more researcher-friendly approach and the national IP management policy will accelerate this shift.
IP management at universities
University inventors will have the first option to commercialise the IP they create.
To begin the process, they will need to disclose the invention they wish to commercialise to their university. Universities will then have 90 days to review the invention and agree on a commercialisation approach with the inventors.
This allows the university’s technology transfer office to help inventors understand the path to commercialisation and make the case to inventors of the benefits of working with the university to commercialise their invention.
This also lets the university explain to inventors what it means to go ahead without their help, including any costs if they keep using university resources.
If inventors choose to work with the university, the university will protect and manage the IP for them. Later, when the spinout company is ready, the inventors can take over the IP. This makes sure the IP is well protected, and the contribution of all inventors is recognised.
However, if the inventors wish to commercialise without the university, they will be free to do so and the university must transfer the IP to them at the end of the 90-day period.
Public research organisations
Commercialising research for the benefit of New Zealand is central to a Public Research Organisation’s (PROs) mandate. PROs will continue to own and have the first right to commercialise the IP generated within their organisations. However, PROs must consult inventors on commercialisation strategies and whether inventors want to be a part of a spinout. If the PRO opts not to commercialise an invention, it must offer the inventors the opportunity to commercialise it themselves.
National terms of engagement
We will commission development of a set of national guidelines on the terms of engagement between researchers, research organisations, and third parties. These will be developed in consultation with the sector.
These guidelines will provide inventors with a clear understanding of the terms they can expect to receive in normal circumstances. They also provide a guide to organisations on best practice across research organisations.