Changes to MBIE Intellectual Property Management Policy.

The Government has introduced a new Intellectual Property (IP) Management Policy that will apply to most research funded through the Science, Innovation and Technology portfolio from July 2026. These changes reshape how IP created by staff and students in tertiary education is owned, used, and commercialised, and will require every research-active institution to revise its internal IP policies over the coming year.

Under the new framework, researchers in universities and other tertiary education organisations will generally hold the first right to commercialise the IP that arises from their work. Institutions will still need to be informed when commercially relevant IP is created, but researchers – not institutions – will be given the initial option to lead commercialisation. If a researcher chooses to commercialise independently, the institution must assign its rights in the IP to them. Where a researcher seeks institutional support, the institution may take only a modest equity share (5-10%) in any resulting spin-out company, unless it provides major additional investment or services. Institutions will, however, retain a perpetual right to use the IP for teaching and research.

Public Research Organisations, such as Crown research institutes, will continue to have the first option to commercialise IP created under their direction, but they must offer researchers the opportunity if they decide not to proceed. The policy also allows for students to be recognised as creators where appropriate, meaning student-generated IP may fall within the same framework as staff-generated IP.

The policy contains assurances that existing rights in mātauranga Māori are unchanged and requires institutions to have appropriate policies for the responsible management of taonga and traditional knowledge. This reflects the need for clear tikanga-based processes, co-governance arrangements, and meaningful benefit-sharing when research involves mātauranga Māori or draws on Māori expertise.

To read the Intellectual Property (IP) Management policy in its entirety, see the MBIE website.