Dean's Directive no. 5/2021

Regarding Knowledge and Technology Transfer at the Faculty of Mathematics and Physics of Charles University (MFF UK)

Article 1
Subject Matter of the Directive

This Directive is issued in connection with Charles University Rector’s Directive No. 47/2018 Regarding Knowledge and Technology Transfer at Charles University and its implementation at the Faculty of Mathematics and Physics of Charles University (“hereinafter referred to as “MFF UK”).

Article 2
Knowledge and Technology Transfer

1. For the purposes of this Directive, knowledge and technology transfer (in accordance with point 15 of the Framework for State Aid for Research, Development, and Innovation – hereinafter referred to as the “Framework”) means a process aimed at acquiring, collecting, and sharing explicit and tacit knowledge, including skills and competences in the context of economic and non-economic activities, such as, in particular, collaborative research, consultancy, licensing, founding of spin-off companies, etc.

Article 3
Management of Commercialisation

1. Commercialisation falls within the remit of:
   • The Department for Business Cooperation of MFF UK (hereinafter referred to as “OFS”);
   • The Centre for Knowledge and Technology Transfer of Charles University (hereinafter referred to as “CPPT”); and
   • Charles University Innovations Prague s. r. o. (hereinafter referred to as “CUIP”).

   If commercialisation is not managed directly by OFS, communication with CPPT or CUIP takes place exclusively through this Department.

2. The staff and students of MFF UK are obliged to discuss their project proposals which involve transfer or commercialisation in advance with OFS.
3. The implementation of all intellectual property rights, the transfer thereof, and commercialisation must comply with the rules set out in Rector’s Directive No. 46/2018, Regarding the Management of Intellectual Property Rights at Charles University, and Rector’s Directive No. 47/2018, Regarding Knowledge and Technology Transfer at Charles University. Advice and support in the implementation of Rector’s Directives No. 46/2018 and No. 47/2018 is provided by CPPT, exclusively through OFS.

Article 4
Methods of Transfer and Commercialisation

1. Possible methods include:
   • Transfer of intellectual property rights;
   • Granting of rights to use intellectual property in the form of a licence;
   • Setting up a spin-off company for the purposes of assigning intellectual property rights; and
   • Other appropriate forms of transfer based on current needs, such as contract research, consultancy, etc.

Article 5
Licensing Agreements

1. The granting of rights to use intellectual property in the form of a licence is usually carried out by concluding a licence agreement pursuant to Act No. 89/2012 Sb., the Civil Code, as amended.
2. The Dean or the Vice-Dean authorised by him is responsible for concluding written contracts up to the amount of CZK 5 million. On the basis of an authorisation by the Rector, CUIP, with which the Faculty has concluded the Memorandum on Mutual Cooperation in the Commercialisation of Research and Development Outputs Created at MFF UK, may also enter into a contract on behalf of Charles University.
3. Remuneration for the inventors of works made for hire or other outputs of technological creative activities (e.g., according to Act No. 527/1990 Sb., to regulate inventions and improvement designs, as amended), as well as the division of net proceeds arising from the commercialisation of these outputs, are regulated by Charles University Rector’s Directive No. 46/2018, Regarding the Management of Intellectual Property Rights at Charles University, and Dean’s Directive no. 1/2019.
4. If the subject of the license is an authorial work (according to Act No. 121/2000 Sb., the Copyright Act, as amended) and the division of revenues is carried out according to Charles University Rector’s Directive No. 46/2018, Regarding the Management of Intellectual Property Rights at Charles University, then the division of the Faculty’s portion of the net revenues (according to Charles University Rector’s Directive No. 46/2018) from the granting of the rights to use is determined as follows: 20% for the relevant unit, 55% for the inventor’s (co-inventor’s) department, and 25% for the Dean’s Office, unless otherwise agreed in writing in advance by the responsible persons involved.

Article 6
Contract Research

1. Contract research as one of the forms of transfer is implemented under the Framework as custom-made research or research services or collaborative research.
2. The Dean or the Vice-Dean authorised by him are responsible for concluding written contracts with commercial entities relating to contract research and for accepting orders on behalf of MFF UK up to the amount of CZK 5 million.
3. If the estimated total price of the contract for its entire duration, including any compensation which may arise in connection with its implementation, exceeds CZK 5 million, the conclusion of the contract must be discussed with CPPT and subsequently submitted to the Rector of Charles University for signature.
4. All contracts to be signed, orders to be accepted, and contracts to be discussed with CPPT (Article 5 (2) and (3) of this Directive) are submitted through OFS.
5. Contract research at MFF UK is generally recorded and entered in the accounts as financial and economic activities. The person authorising the operation (person responsible for the execution of the contract) is responsible for the correct classification of the activities.
6. All contracts for contract research, or orders accepted for contract research, are recorded by OFS.
7. Each contract or order accepted is assigned a unique number which is then used for reporting both at MFF UK and outside the Faculty. The recording requires that the researcher complete the Contract Research Recording Form or more precisely the Contract for the Provision of Research Services:

   https://www.mff.cuni.cz/cs/vnitrni-zalezitosti/formulare

8. Contract research revenues will be entered in the accounts separately in favour of a specific operation (contract) which will be assigned by the financial department on the basis of an email request from the researcher. All costs related to the contract will also be charged to this operation.
9. The person authorising the operation is responsible for calculating the contract price in such a way that all material, personnel, overhead, and other costs are included and that a reasonable profit of at least 15% of the invoiced revenue is made after the payment of all costs. An overhead of 10% will be deducted from the invoiced revenues (excluding VAT) upon entering them in the accounts.
10. The unused positive balance (i.e., profit) reported as of 31 December of the relevant year with regard to such operation may not be carried forward. The Dean of the Faculty decides on the use of the profit, in particular to finance research and educational infrastructure.

Article 7
Consultancy

1. The provision of expert consultancy services by an employee or group of employees of MFF UK to external partners is another method of transfer by which knowledge is transferred to be put in practice by the public and private sectors.
2. Consultancy services include in particular:
   • Analyses;
   • Expert opinions; expert reviews;
   • Consulting;
   • Evaluations; preparation of methodology;
   • Customized trainings/courses; and
   • Solving of specific and practical problems.
3. The provision on contract research (Article 6 (2) to (10) of this Directive) applies to consultancy services by analogy.

Article 8
Final Provisions

1. This Directive comes into force on the date of its approval by the Dean of MFF UK and into effect on the date of its publication on the public part of the Faculty's website, but no earlier than on 17 September 2021.
2. Dean’s Directive no. 2/2019 is repealed on the effective date of this Directive.
3. An internal auditor is authorised to monitor compliance with this Directive.

Proposed by:
doc. RNDr. Martin Vlach, Ph.D., Vice-Dean for Public Relations,
Ing. Barbora Joudalová, MBA, Head of the OFS.

The Directive was discussed by the Faculty management on 15 September 2021.

Approved on 16 September 2021 by: