Turning Science into Business

Turning Science into Business

Patenting and Licensing at Public Research Organisations You do not have access to this content

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14 May 2003
9789264100244 (PDF) ;9789264100220(print)

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This report presents the results of the first international survey on the patenting and licensing activities of public research organisations in OECD countries. It includes data on the stock and number of patents and licenses, the amount of licensing revenue, the size and activities of technology transfer offices, the types of licensing agreements concluded with firms, as well as information on the government and institutional policies for owning and exploiting intellectual property. In addition to the survey results, policy makers, business managers and university and research administrators will find several case studies on how OECD countries are moving to unlock the social and economic benefits of public research. These case studies will also provide insight into how research institutions deal with issues such as whether to license a patent or create a spin-off, how to create technology transfer programmes and how to license IP to firms while preserving access for future research and discovery.

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  • Executive Summary

    Intellectual property (IP) rights – of which patents, industrial designs, copyrights and trademarks are among the most widespread – reward investment in R&D and innovation by granting inventors and creators market power over competitors. Over the past decade in many OECD countries, universities, national laboratories and other research organisations receiving significant public research funds (hereafter referred to as "public research organisations – PROs") have become more aware of the value of their intellectual property. In large part, this awareness reflects the recognition by governments that, in some cases, placing the outputs of publicly funded research in the public domain is not sufficient to generate social and economic benefits from research...

  • Legal and Regulatory Frameworks for Intellectual Property at Public Research Organisatons

    This chapter presents the results of the OECD survey on the legal and regulatory frameworks that govern the ownership, management and exploitation of intellectual property (IP) developed at public research organisations (PROs) in OECD countries. The results are based on responses to a survey of policies of government ministries responsible for PROs, as well as responses to the OECD survey of patenting and licensing at PROs. The objective of this chapter is to describe the current situation in OECD and selected non-member countries with respect to legal and regulatory frameworks for the ownership and exploitation of IP. Also, in light of the findings of the OECD surveys, it seeks to draw out implications for policy makers as to how laws and regulations can be improved to create greater incentives for PROs to protect and exploit IP resulting from publicly funded research...

  • Technology Transfer Structures and Public Research Organisations

    The transfer of ownership of intellectual property (IP) from governments or researchers to institutions has given PROs incentives to develop technology transfer or licensing offices (TTOs or TLOs) to manage the transfer or sale of IP from universities to third parties, mainly firms. For the purpose of the OECD survey, technology transfer offices were defined as "those organisations or parts of an organisation which help staff at PROs to identify, protect, exploit and defend intellectual property". This chapter presents the main results of the survey on the characteristics of TTOs in OECD countries, their organisation, activities and functions, and discusses the role of government in supporting TTO operations...

  • Trends in Patenting and Licensing across OECD Countries

    This chapter discusses new data concerning the intellectual property activities of technology transfer offices (TTOs) affiliated with public research organisations. The data presented are based on responses received from TTO managers to the OECD questionnaire about the size and nature of their intellectual property (IP) portfolio; the licences they have negotiated and the types of clauses typically included in them; and the income and expenditure associated with the protection and exploitation of IP. Their responses should help policy makers understand which innovations are being commercialised, under what conditions, with what safeguards for the research missions of public research organisations (PROs) and with what economic repercussions for the PRO and the economy more generally...

  • Introduction and Overview

    The romantic idea of innovation as the result of the creative efforts of an isolated, individual inventor who successfully puts a new product or process on the market is a thing of the past. Innovation is now generally accepted as the result of the work of various actors – public research organisations (PROs), firms, intermediary institutions, etc. – that jointly, and quite often in competition, interact, not only to create new knowledge but also to diffuse this knowledge and translate it into competitive goods, services and processes. In this so-called systemic notion of innovation, industry-science relations (ISRs) and the management of knowledge transfer between them are generally perceived as being at the heart of an innovation system...

  • Policy on Title to Intellectual Property under Crown Procurement Contracts in Canada

    The Government of Canada has recognised for some time the importance of ensuring that Canadians benefit from its investments in research and development (R&D) and that the commercialisation of that R&D generates economic growth and jobs for Canadians. Critical to this objective is the management of intellectual property generated with government funding...

  • Changing IPR Regulations for Researchers in Denmark

    Since 1957 Denmark had exempted university researchers from the standard rule that inventions done by an employee shall be disclosed to the employer, who has the right to take title to the invention within a (short) period following disclosure and with "proper" compensation to the inventor. Only full-time university researchers were exempted, not researchers at other PROs, including hospitals; however, researchers at university-related hospitals in particular considered themselves as covered by the exemption...

  • French Technology Transfer and IP Policies

    Over the past few years, the French authorities have given innovation and its protection greater priority. Other countries, such as the United States and some European countries, had acknowledged their importance even earlier...

  • Legal Regulation of Protection and Commercialisation of Intellectual Property Created by Russian Public Research Organisations

    This case study focuses on the Russian Federation’s experience in shaping state policy on intellectual property (IP) created by research organisations (scientific institutes, research institutes, Russian Academy of Sciences, universities) as a result of research and development (R&D) financed from public resources. Special attention is paid to the legal framework for innovation activity in the Soviet era and to the Russian Federation’s attempt to provide a balance between the interests of all participants in the innovation process, including the state. Attention is also given to the measures to be taken by the Russian government to create a coherent and effective system of legal protection of intellectual property and the commercialisation of technologies created by public research organisations (PROs)...

  • Management of Intellectual Assets by German Public Research Organisations

    During the 1990s, the commercial exploitation of government-funded research performed by public research organisations (PROs) became a focal point of discussions about technological innovation. Beginning in 1996 and following a trend in industry, as well as the successful implementation by universities in the United States of a broad-based intellectual property (IP) exploitation system, the German federal government developed a series of measures geared towards more consistent protection of knowledge created by universities and other PROs in the course of government-funded research...

  • University Technology Transfer in Switzerland Organisation, Legal Framework, Policy and Performance

    At present, technology transfer activities in Swiss higher education institutions are bottom-up and based on decentralised decision making. This leads to different institutional solutions for technology transfer as well as a legal framework that lacks simplicity and clarity. Nevertheless, in international comparisons, Swiss technology transfer performs quite well. Is this a contradiction, as one would assume at first sight? Recent studies shed more light on the conditions, mechanisms and extent of technology transfer in Switzerland. This chapter examines these insights and tries to address the apparent contradiction. It first describes the context and organisation of technology transfer and then analyses the legal framework. After discussing the policy relevance, the most recent empirical evidence on technology transfer is summarised. Some conclusions follow...

  • The Evolution of Knowledge Management Strategies in PROs

    Current social and economic trends, dominated by market globalisation, technological innovation and the economics of information and knowledge, have renewed interest of both policy makers and social researchers in intellectual property rights (IPR) regimes (Maskus, 2000). In the specific field of scientific and technological research, IPR concerns are the protection of knowledge produced through international co-operation (EC, 2002a), the role of S&T policies (EC, 1999) and the management of IPR in the context of publicly funded research (EC, 2002b). The management of IPR in public research organisations (PROs) has been addressed mainly through legal protection and commercialisation of their scientific and technological research activities (OECD, 2002a; 2002b)...

  • Intellectual Property in the German Biotechnology Sector

    In Germany, the patenting of research results in biotechnology increased drastically during the last decade, partly stimulated by fierce international competition, particularly from the United States and the United Kingdom. Discussions in German technology transfer circles have focused on the development by public research organisations (PROs) of biotechnology spin-off and licensing programmes...

  • Regulatory Regime Governing Management of Intellectual Property of Korean Public Research Organisations

    Transfer to the private sector of basic research undertaken in the public sector for commercialisation is important for technology diffusion and effective use of public sector research. Many OECD countries have recognised that this transfer does not occur automatically and have endeavoured to facilitate transfer of public-sector research results to industry. One solution to this problem was to establish an appropriate IP-management policy, such as the Bayh-Dole Act in the United States...

  • Development of a Policy to Ensure the Sharing of Unique Biomedical Research Resources in the Research Community

    It is the mission of the National Institutes of Health (NIH) to uncover new knowledge that will lead to improved public health. This mission is pursued through: i) the conduct of research by federal government employees in federal laboratories; ii) the support of research through the provisions of funds through grants and contracts to academic institutions, non-profit organisations and for-profit entities; iii) the provision of policy guidance to NIH scientists and recipients of NIH funding; and iv) support of the global research enterprise...

  • IP-based Spin-offs of Public Research Organisations in the Dutch Life Sciences and ICT Sectors

    A basic assumption of publicly financed research is that its results will be used and contribute to social and economic welfare. It is widely recognised that this happens; for the Netherlands it has been established that about 21% of all technological innovations are based on public research (NOWT, 2000, p. 76). However, various obstacles have to be overcome before the results of public research are actually used. A major question therefore is how technology transfer can be best achieved. An effective mechanism must create an optimal balance between knowledge creation, diffusion and utilisation, taking both public and private interests into account...

  • Trends in ICT World and the Impact on IPR

    As the world prepares to enter the nanotechnology era and meet the associated challenges, new modes of scientific and technological co-operation will be needed, owing to challenges that are complex and cross-disciplinary. At the same time, there is an increasing lack of talent worldwide. Global strategic partnerships will require strong, recognised "networks of excellence", as well as new collaboration and IPR models to encourage successful strategic partnerships...

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