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Transcript: The University is became the owner of the IP (succeed the economic rights) Several countries, among which UK, Germany, Denmark and Belgium have technology transfer legislation supporting university commercialization of publicly funded research If the employer commercialize the IP the inventor has the right to get the invention fee. The Bayh-Dole Act encourages the process of technology transfer. - when a university employee with a patent makes the technology available to a larger body of people and/or groups. Right for compensation - There are differences between the countries - In some system this right is automatic - Where it’s not usually some compensation can be negotiated - In some system is depends on the type of the invention. Why is it a problem? - International R&D cooperations The Act added a mechanism for non-profits like universities to grant licenses for their innovations to small businesses The effect With the new mechanism innovation left the labs and entered the marketplace. Pre-emption rights principle The researcher is the first owner of the invention but the university has the right to claim the invention within a specified period. In the event it’s not = the rights remain with the inventor. Countries: Austria, Czech Republic, Denmark, Norway. Institution ownership The results of publicly-funded research are owned by the institution who employing the researcher/professor responsible for the work, and not the individual(s) personally. The owner is responsible for the business development and commercialization and for the right protection Solution 1. Regulation for PRO’s for the whole procedure a) R&D contracts b) service inventions c) Compensation d) Publications (depend on disciplines not the publication, patent applications or number of r&d cooperation's) German model? Europe European law on how to deal with inventions made by university professors and whether they can be commercialized (and if so, against what conditions) is fragmented. The practices among European universities is diverse and uncoordinated. In Europe, the division between academia and industry is still long and deep. Still two main models 1. Inventor ownership/professor's privilege 2. Institutional ownership Intellectual Property Protection at Universities Dr. Viktória Hasznos PhD Student University of Szeged Faculty of Law Institute of Civilistic Sciences and IP Legal manager University of Szeged Directorate for R&D and Innovation The very first step in 1980. Most European countries since the end of the 1990's have been moving away from inventor ownership of patent rights towards different systems of institutional ownership. Inventor ownership Now just in Scandinavian countries Allows university professors to retain patent and utility model rights over their research results, while the inventions of scientists employed in public research laboratories or private industry has another model. Effect Most of the countries in the world modified their regulations. „The innovation’s golden goose” (the Patent and Trademark Act Amendments 1980) – The Economist Birch Bayh (Democrat from Indiana) and Bob Dole (Republican from Kansas) Perceived need for a uniform patent policy for the federally-funded research facilities. IP RESEARCHERS EUROPE CONFERENCE - 2019 Geneva 1. Pre-emtion rights principle 2. Automatic ownership 3. The hybrids How the rights vested at the university? WIPO and IP Policies Created a model IP policy for the universities The model was reviewed two years ago The hybrids The rights vested automatically but can revert to the inventor if they are not commercialized within a certain time. Countries: Belgium, Finland and Germany, Greece. Advantages on both sides Business sector American businesses benefited from the ideas created at universities Non-profit sector (included Uni) Business sector built longstanding relationships, cooperation's with non-profits that were innovating in ways that the companies could not Universities, professors, and students now have a financial incentive to make new discoveries. The owner pay all the maintenance fees of the IP The aim of an IP Policy - Provide legal background; - Creates an environment that supports and encourages innovation and development; - Successful cooperation between the institution and the commercialization partners - Right IP management Compensation During an international cooperation where the result is a patent that should be useful to have a regulation in the background for the compensation of the researchers/inventors. There would be no differences and disproportions. - It has changed the way that universities do research. - The motivation is to earn money through innovation. Parts of an IP policy - Ownership of and right to use the IP; - Procedures for identification, evaluation, protection and management of IP - Procedures for cooperation with third parties; - Guidelines on the sharing of profits from successful exploitation; - Inventor compensation

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