CONSULTANCY TO DEVELOP A FRAMEWORK FOR REGULATORY, POLICY AND INSTITUTIONAL MECHANISMS TO ENHANCE INTELLECTUAL PROPERTY FOR RESEARCH INNOVATION

1. Background

The African Population and Health Research Center (APHRC) is a premier research-to-policy institution, generating evidence, strengthening research and related capacity in the African research and development ecosystem, and engaging policy to inform action on health and development. The Center is Africa-based and African-led, with its headquarters in Nairobi, Kenya, and a West Africa Regional Office (WARO) in Dakar, Senegal. APHRC seeks to drive change by developing strong African research leadership and promoting evidence-informed decision-making (EIDM) across sub-Saharan Africa.

The Lagos State Ministry of Health (LSMOH) recognizes the importance of research and innovation in driving advancements in healthcare delivery for its citizens. To further support this, they require a comprehensive framework to strengthen intellectual property (IP) management within the Ministry. This framework will encourage the development, protection and use of intellectual property generated through research activities.

APHRC, through the Catalyze Impact Initiative, seeks to support the establishment of an IP Desk at the LSMOH. To facilitate this process, the program seeks to hire a qualified and experienced IP law consultant with a deep understanding of the Nigerian research environment. The consultant will be responsible for guiding the implementation of the phases of building an institutional IP policy model.

2. Objectives

The primary objective of this consultancy is to develop a robust framework that outlines the regulatory, policy, and institutional mechanisms to enhance intellectual property for research innovation within the LSMOH. Specific objectives include:

• Conduct a comprehensive analysis of the IP and technology transfer landscape in Nigeria, with a specific focus on Lagos State, including relevant legislation, policies, funding streams for innovation and technology transfer activities, key public and private sector institutions and players, and any other relevant stakeholders.
• Convene key stakeholders to identify and document Lagos State health research and innovation priorities, challenges and recommendations for effectively and efficiently addressing them.
• Develop a clear and robust IP policy for the Lagos State Ministry of Health.
• Establish a functional IP Desk within the LSMOH for efficient management of intellectual property.
• Provide recommendations on promoting and sustaining a culture of research and innovation within the LSMOH.
• Equip the LSMOH with the necessary tools and knowledge to effectively identify, protect, commercialize, and manage its intellectual property.

3. Scope of Work

The consultant’s scope of work will include:

3.1 IP Policy Development:

• Conduct a thorough review of existing national and international regulations impacting intellectual property (IP) protection in the health sector, particularly those relevant to Nigeria and Lagos State.
• Conduct consultations with relevant stakeholders within the LSMOH, including researchers, administrators, legal counsel and potential industry partners.
• Identify gaps or inconsistencies within the current regulatory landscape that may hinder research innovation and IP protection.
• Recommend potential legislative or regulatory reforms to create a more supportive environment for IP generation and commercialization within the LSMOH.
• Draft a comprehensive IP policy that addresses the following:
  • Ownership of intellectual property generated through Ministry-funded research activities.
  • Invention disclosure procedures and processes.
  • IP protection strategies, including patents, copyrights, trademarks, and trade secrets.
  • Revenue sharing mechanisms for IP exploitation.
  • Conflict resolution procedures regarding IP ownership and rights.
  • Guidelines for technology transfer and commercialization of IP assets.
  • Procedures for ongoing review and update of the IP policy.

3.2 Institutional Capacity Building:

• Assess the current capacity of the LSMOH to manage intellectual property effectively.
• Develop a framework or roadmap for establishing a functional IP Desk within the LSMOH.
• Define the roles and responsibilities of the IP Desk staff.
• Recommend appropriate staffing levels and skills required for the IP Desk.
• Identify and propose training programs to enhance the knowledge and skills of LSMOH staff in areas of intellectual property management and commercialization.
• Develop standard operating procedures (SOPs) for the IP Desk’s activities, including:
  • IP identification and disclosure processes.
  • IP protection strategies implementation.
  • Negotiation and management of IP licensing agreements.
  • Monitoring and enforcement of IP rights.
  • Record-keeping and data management of the Ministry’s IP assets.

3.3 Landscape Analysis:

• Conduct a comprehensive analysis of the IP and technology transfer landscape in Nigeria with a specific focus on Lagos State. This analysis should address:
  • Existing legal and regulatory frameworks for intellectual property protection.
  • The current state of innovation and research activities in the health sector.
  • Past experiences and challenges faced by institutions in Lagos regarding IP generation, protection, and commercialization.
  • Availability of resources and support mechanisms for IP management.
  • Best practices and successful models for IP management in the health sector within Nigeria and internationally.

3.4 Promoting a Culture of Innovation:

• Recommend strategies for promoting a culture of innovation within the LSMOH. This may include:
  • Awareness-raising programs on intellectual property for researchers and staff.
  • Incentive schemes for researchers to disclose inventions and pursue IP protection.
  • Integration of IP considerations into research grant proposals and project evaluations.

3.5 Stakeholder Engagement:

• Develop a strategy for engaging with relevant stakeholders within the research ecosystem in Lagos State, including universities, research institutions, and private sector companies.
• Recommend mechanisms for encouraging collaboration and knowledge sharing among stakeholders to promote research innovation and technology transfer.

3.6 Deliverables

The consultant will deliver the following final products:

• Draft IP Policy for the Lagos State Ministry of Health
  • The policy should be clear, concise, and easy to understand for all stakeholders.
  • It should be tailored to the specific needs and context of the LSMOH.
• Framework/Roadmap for Establishing an IP Desk
  • The roadmap should outline the steps required to set up a functional IP Desk within the Ministry.
  • It should define the roles and responsibilities of the IP Desk staff and recommend appropriate staffing levels and skills.
  • It should include Standard Operating Procedures (SOPs) for the IP Desk.
  • It should include a detailed budget for setting up the IP Desk
  • It should include recommendations for the sustainability of the IP Desk
• Analysis of the IP and Technology Transfer Landscape
  • The landscape analysis should be documented in a comprehensive report.
  • It should include recommendations on how the LSMOH can leverage existing resources and support mechanisms for IP management.
• A strategy for promoting a culture of Innovation for LSMOH.
• A stakeholder engagement strategy for LSMOH on IP-related matters.

The consultant will be required to present their work during a national workshop on technology licensing to be organized in Lagos State.

4. Required qualifications

The consultant should possess the following qualifications:

• Demonstrated expertise in intellectual property law and policy development.
• Experience in working with government institutions on IP-related issues.
• Understanding of the public health sector and research environment in Nigeria.
• Excellent communication, research, and writing skills.
• Ability to work effectively with a diverse range of stakeholders.

Desirable experience and skills

• Proven experience in developing and implementing IP policies for institutions or organizations in Nigeria is an added advantage.
• A good understanding of the framework governing IP in Nigeria.
• Understanding of Lagos State’s legislative processes.
• Strong abilities in legal analysis, research, and drafting.
• Strong communication and stakeholder engagement skills.
• Demonstrated ability to work collaboratively and effectively with diverse teams and stakeholders.
• Experience convening and leading technical discussions with government officials and policymakers.

5. Duration of the assignment

The estimated duration of the assignment is six months.

6. Budget

The budget for the consultancy will be discussed and agreed upon during contract negotiations.